Regarding podgi

Hi pavya....

regarding your third query:

Second wife is a legal nominee in BEST.

Then another question is that

who are the eligible for the pension???????

though the second wife has been made a nominee, that doesnt mean that technically she can lay claim to 100% of the pension amount, the first wife is the 100% legal bonafide person to receive the money, because she has already proved her self to be the legal wife, by court granting her maintainence, and her husband also approving her of being his wife. thats why it is clearly established who the first wife is, but, since the second wife, if she proves that she is also the second wife ( you have to prove that in court the the second lady is indeed the second wife) then the court, at its discretion will grant a certain percentage to the second wife, or maybe divide it equally, then again, it is upon how you argue your case and what the judge seems to think best, then again, you can appeal in the higher court.

my straightforward advice. if both the wives have harmonious relationship, then you can work out a solution of 50-50 payment, make an agreement to share the amount between the two ladies, make a legal contract to share. this will be the easiest way out.

because it may sound easy to fight in court. but remember the 3/4 of the pension amount will be spent on your lawyers fees, making rounds of courts for years on end, and then it will be a loose loose situation for both the ladies. by the way, how much is the pension amount. 

It's approx 4-5 thousand per month.

so fighting for 4-5 thousand per month, and spending more than rs 4-5 thousand per month to greedy lawyers in not a sensible thing to do, better settle the matter amicabily, and divide the amount 50 -50 percent, if one of the two raise objection in court. the court will bring stay on the pension and no one will get it. so think sensibly and act accordingly.........

Hi 2 all,

In my case 2 mothers (Kalawati,Draupadi) and 3 brothers(Ganesh,Pramod,me) are present in BEST office for settlement of PF+Gratuity Amt.

But my step mother and brother is not agree to settlement....

What will be my next Step??????

Please reply.......

Mr. Santanu has given the full list of legal heirs and I totally agree with him.  that any agreement between the legal heir and non-legal heir to share the estate / movable assets is not valid in any court of law and non-enforceable.  The legal heirs in respect of PF and Gratuity  of your father are  your father's mother (if she survives), his first wife, her children both sons and daughters, second wife's children-both sons and daughters in equal ratio.  Even though the second wife is a nominee, she is not entitled for any share.  In the case of family pension, the legal heirs will be the same, but the sons above 18 years and unmarried daughters are not entitled and again second wife is not entitled.  If there is a question about who is the first wife and who is the second wife, it is a matter of fact, which will have to be proved in the court of law in the "succession certificate" suit, after parties approach the court.  As the matter is in dispute, the BEST will not dispose the above said amount till succession certicate will be obtained by competent court and produced before it.  There are several cases pending in the various High Courts and even the Supreme Court is also considering about providing share even to second wife as she has been perceived to be victim of circumstances. 

Hie sir,

How to get "succession certificate"???

can we talk through mobile phone???

In my above reply there was one typing error.  The major sons and married daughters are not entitled to family pension.  Succession certificate can be obtained by filing succession certificate suit in admn. Civil judge's court through proper petition.  After identifying legal heirs, he will issue succession certificate in favour of all legal heirs.

Hi to all,

My Mother is legal nominee in BEST.

So BEST told us bring the "nomination certificate from tahsildar karyalay"

so how to get nomination certificate from tahsildar karyalay??????

What is the procedure??????

I need a good lawyer .

Send me contact no... plz.

need a good lawyer which have knowledge about BEST related cases in mumbai location.

Hi to all,

After a long time, i need your's help.

As per BEST we will divide the amout of gratuity & P.F. into 5 members (My Step Mother, Brother, My Mother, Brother & me.)

we have no issue but, how i can divide the pession amount???????

Is it possible to divide the pession amt to both wives(between my mother & my step mother)???????

if yes then what to for that??????

Please help me..........................

thanks in advance :)