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Vish   06 January 2023

Pension dispute between 2 siblings opposing each other

Here is a brief explanation of the issue I am currently facing : Pension dispute between 2 siblings opposing each other .

Characters involved in this dispute :
Pensioner ( Deceased)
Sibling 1 ( Prosecutor ) ( Child of pensioner)
Sibling 2 ( Defense ) ( Child of pensioner)
Me ( Child of Sibling 2 )

Duration of this issue : 20 months till date

Here are the Events that transpired :
1. Pensioner Deceased in third quarter of 2021.
2.Pensioner was entitled for pension from a central government broadcasting firm.
3. Sibling 1 estranged from family for more than 15 years
4. Sibling 1 is a divorcee and has remarried . And has not disclosed this information to the central government broadcasting firm .
5. Defense has discovered evidence proving the validity of remarriage which voids sibling 1's claims to the pension.
6. Sibling 2 is widowed.
7. Sibling 1 has tried to delay and obstruct the approval of this pension by way of intimidation/ Bribing various government officials and providing misinformation to the government broadcasting firm.
8. Sibling 1's second marriage was done at a temple following hindu marriage tradition and is recorded in temple records of which defense has obtained a copy of . But registeration of this marriage does not exist with the respective corporation. There is no record of divorce for the second marriage.
9. Sibling 1 has tried and failed to aquire property willed to sibling 2 by Pensioner.
10.Sibling 1 has a history of filing civil and criminal cases against multiple individuals / cheating loan sharks out of repayment / intimidating people using their connections in the police etc
11.The pension release request is under processing by the central government firm . They had also been intimidated by sibling 1 but through constant follow ups by me and sibling 2 have finally stated that their zonal office is making progress on the case .
12. Legal team of the central government firm has stated that the case favors sibling 2 as of now and the pension will be released soon.

Queries :
1. Taking into account sibling 's affinity to intimidate etc , how do I legally protect myself and sibling 2 from future malicious attempts ?
2. Even though the government broadcasting firm's legal team has stated the case is in sibling 2's favour what further attacks can i protect/ expect against in relation to this matter ?
3. I plan to purse career opportunities leaving sibling 2 in India when I do so . What steps do i take to protect them against further harrasment?
4. Thoughts on sibling 1's second marriage validity claims ?

Your opinion on the outcome of this case

Note : All Identifiers have been removed to protect myself and sibling 2 against possible intimidation.
 



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     07 January 2023

Your narration is too long and like algebric equation.

 

The following children are eligible for FP

  1. Son till he acquuires age of 24 of age or start earning (which ever is earlier)
  2. Unmarried/dicorved/widopwwd daughter not earning more than Rs 9000 pm
  3. ahy hadicapped child in capable of earning.

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