What is the death benefit to practicing advocate family

Querist : Anonymous (Querist) 18 April 2020 This query is : Resolved
i want to ask what is the death benefit to an advocate's family after his death and if is will give to minor child only or major also?
if advocate's wife is dead and he has two major sons they will get any benefit after his death?

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Raj Kumar Makkad (Expert) 18 April 2020
Though you have not disclosed your identity and locus-standi to put this query but i do presume that you are a lawyer or a member of a lawyer family.

Some States have passed Advocates Welfare Act which has its own rules. Bar Councils of some States have also taken insurance policies which have also terms and conditions. So better to go through the relevant rules or terms and conditions as thereee is lot of difference between the same. Some States even have not adopted any such law and have even not taken any group insurance policy and thus they have no protection even as on day.

Guest (Expert) 19 April 2020
In February 2019 the Bar Council had raised the Post Relief Funds for Advocates Family on the demise of Advocate to Rs 8 Lakh. . To avail this the Bar Council Membership should be renewed up to date/ till date and a small subscription for this fund should be paid every year and an Receipt will be issued by the Bar Council which would suffice the Claim.

Guest (Expert) 19 April 2020
I humbly Plead all the Advocates to Subscribe for this Fund in their concerned Bar Council and also to maintain the Bar Council Membership active by renewing the same accordingly. The Expiry date of your Bar Council Membership would be mentioned in the concerned Membership Card it self or it could be verified with the Office of concerned Bar Council please

Dr J C Vashista (Expert) 19 April 2020
I agree with expert Mr. Raj Kumar Makkad.
You did not reply to the question raised by experts qua your locus standi / concern?
As an advocate, you are subscribing to Advocates Welfare Fund as well as Group Insurance, is it correct ?
It would be appropriate to contact Bar Council where you are enrolled.

Guest (Expert) 19 April 2020
Post Relief Fund of Bar Council is no way connected to any Insurance. Mr J C Vashista who says he had done his Law Degree while in Military Service which is yet to be clarified by him . He should not confuse the innocent Querist Please. How a military person could do his Law Degree while in Service Please ?

Guest (Expert) 19 April 2020
Mr.Vashista had stated in his Profile " I have acquired L.LB , Ph.D., M B A, M A, B Com etc during my Service in Army ". Any Law Degree to enable to Practice in Court should be completed by attending 3 years or 5 years Regular Classes in Law College. Vashista also Claims he is Practicing in Supreme Court. There are nearly 12 Steps to be complied to Practice in Supreme Court. This [ Person would not have complied even one requirement please. Whether he would clarify our doubts please.

P. Venu (Expert) 19 April 2020
Welfare benefits vary from State to State depending upon the Law enacted by the State and scheme formulated by the respective Bar Council.

KISHAN DUTT KALASKAR (Expert) 19 April 2020
Dear Sir,
I agree with expert Mr. Raj Kumar Makkad.and expert Mr. Dr J C Vashista.
You may read the following and also visit the link.
ADVOCATE WELARE FUND ELIGIBILITY
BAR COUNCIL OF INDIA RULES —————————————————————————————————
http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartVonwards.pdf
6. Part F : Benefits payable on death/illness while continuing as a Member of the Scheme. (i) In case any member dies or acquires total permanent disablement at any time after becoming a member of the Scheme, he or his nominee/dependents or other legal heirs, shall be entitled for a sum as per Table II-A/Table II-B of the Scheme appended to the Scheme. Explanation : - For the purpose of this clause, dependants means the spouse, minor children and unmarried daughters.
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Querist : Anonymous (Querist) 19 April 2020
I am a family member of an advocate recently passed away. he was practicing since 1988 in moradabad Bar Association , U.P.

Querist : Anonymous (Querist) 19 April 2020
I found a group insurance copy which covers accidental death only but my father cause dead naturally. i heard about a help from up bar council to advocate's family members thats why i am asking for the detail.

Rajendra K Goyal (Expert) 19 April 2020
Contact local Bar Association of which the Advocate was member, they would advice way as per Rules of concerned High Court Bar Council. They would also advice / help to submit claim.
Tune to which the amount is payable is different in different High court Bar Council.

Rajendra K Goyal (Expert) 19 April 2020
Please go through following lines:
Times of India News on 24.12.2013
ALLAHABAD: UP Advocate General Vinay Chandra Mishra Vinay-Chandra-Mishra) on Monday announced enhancement of compensation for lawyers on their death from Rs 50,000 to Rs 5 lakhs, stipend to young lawyers, e-library to all the Bar associations of the state, construction of advocates’ guest hall on the Bar Council premises and also aluminum chambers for lawyers in the six halls of Allahabad High Court Bar Association.
https://timesofindia.indiatimes.com/city/allahabad/Steps-for-lawyers-welfare-announced/articleshow/27811540.cms

You can send the claim form duly filled to respective Bar Council. Form can be downloaded from state Bar Council site.

Raj Kumar Makkad (Expert) 19 April 2020
Have you moved any application seeking assistance on the demise of your father in the Bar Association Moradabad or have discussed the matter with the office-bearers of the bar association of Moradabad?

If yes, what was their response?

Raj Kumar Makkad (Expert) 19 April 2020
When the author himself has found an insurance policy obtained through Bar Council of UP wherein the accidental death claim of the advocates/members of the scheme is covered then it do not lie in the mouth of one of the experts that there is no role of insurance for the coverage.

Almost all bar Councils wherein welfare schemes for the lawyers are available, they have taken it from one or the other insurance company on the mutually agreed terms.

Guest (Expert) 19 April 2020
Mr.Rajendra K Goyal should understand there is a Gap of 7 years from 2013 to 2020. If he is not aware of the Resolutions Passed at Bar Council in 2019 it doesn't mean that he Could Misguide the Innocent Querist as he is doing in all Threads

Querist : Anonymous (Querist) 19 April 2020
THANKS TO ALL EXPERTS FOR THEIR VALUABLE OPINION. I DID NOT CONTACT TH LOCAL BAR YET DUE TO LOCKDOWN . HOWEVER I WILL CONSULT THEM SOON.. THANKS

Guest (Expert) 19 April 2020
Welcome and All the Best

Raj Kumar Makkad (Expert) 19 April 2020
You should contact with the local bar association soon after lockdown with your application supported with the death certificate of your father so that your application may be got recommended to bar Council UP at Allahabad for their further action.

Rajendra K Goyal (Expert) 20 April 2020
You are welcome, may revert if any supplimentry information / query.