My apologies for the long query.
A Hindu man and Maharashtra government servant died 6 months after retirement. He has a wife ‘A’ and 3 sons. He was living in a house of his father which was given to him by the way of unregistered partition deed. A farm land was also given to him by his father and was transferred to his name. He nominated his wife ‘A’ for the pension in pension records and was about to receive some arrears amount due to 5th pay commission. ‘A’ is also a government servant and has her husband’s name in all records. ‘A’ married to the man 35 years ago.
Husband of ‘A’ had a relationship with a already married women ‘B’ outside of marriage for 10 yrs. ‘B’ has a son from her earlier husband and did not take divorce. Her legally wed husband is still alive.
‘A’ has approached the pension office for widows pension and also want to sell her late husband’s farmland. ‘B’ approached the pension office and filed a claim for half of the pension. ‘B’ also approached the ‘Tahasildar’ office and filed for the share in the farmland. ‘B’ claim to have married the man in ‘Arya samaj’ few years back and has a certificate from Arya samaj for the same. No other legal document with her. The relatives of the man supported ‘A’ and her son and also gave ‘NOC’ for the farmland ownership transfer. Now the land records have ‘A’ and her 3 sons as joint owners of the farmland.
Now both, the pension office and land records office have asked ‘A’ to get a legal document to settle the dispute.
What kind of case should be filed?
Should ‘B’ be made party in the case?
Will there be 2 separate cases for pension and land dispute? Or just one case for succession certificate will suffice?
We have approached few lawyers and are getting conflicting advice. Some said to file for legal heir-ship certificate and some suggested succession certificate.
Kindly advice the right legal steps to be taken.
