| Originally posted by : Shekar |
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I need experts help, my aunt husband died 5 years ago and he is worked in govt sector also he taken voluntary retirement 18 years ago. after voluntary retirement he taken pension around 6k every month and now 8k. After died, my Aunt still drawing the pension. My Aunt planning to remarriage her own brotherinlaw. My aunt decided to handover pension to her 24 years old Unmaried daughter for her education purpose and some what ever for future but she got 24 years. Is it possible to handover pension to her Unmarried daughter ? if handover how long she will get ? what is procedure? i don't know about this matters but my aunt asked me please help me in this matter clearly. and advance big thank you for all experts. |
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She getting pension of her late husband because she is widow. Once she remarries, she can claim alimony from her new husband but cannot continue taking dead husbands pension.
Pension cannot be transferred. It is non transferable. Husband cannot transfer it to wife. In this case as husband bhugwan ko pyare hogaye, his pension is given to widow till widow lives. Widow cannot transfer the pension to anyone else. She can however stay a widow, continue drawing pension of ludakgaya husband and share the money with whoever she wants as alms or pocket money. But direct transfer is not possible.
However, if she remarries and she files for maintenance under 125 crpc, she can get maintenance to herself from new husband and also to her daughter. But first she has to make the new husband adopt her old daughter as new husbands daughter legally. Once that is done. She can create havoc and simply file any cases she wants by hiring some lu cha lawyer. Then claim money under 125 crpc, DV act etc.
