Dispute Regarding Compassionate Appointment and Service Benefits

831 votes

Hello, As per law, in case of no will, your father's property will equally devolve into each heir untill and unless mutually decided. But in case of compassionate appointment, immediate dependent is most eligible to get the job if he/she fulfills the minimum educational criteria and this process generally doesn't require to get NOC's from other heir. So apply for the compassionate appointment if you are eligible you will get the job. In case of property see if you can come to any conclusion mutually.

Advocate Diksha Verma LawRato

715 votes

Legally speaking, your married sisters cannot prevent or block your compassionate appointment. Compassionate appointment is not an inheritable or divisible right among legal heirs but a welfare measure extended by the government to one dependent family member of the deceased employee to relieve financial distress. Since you are an unmarried, financially dependent son, you are the most eligible candidate under the scheme, whereas your married sisters, being independent, are ordinarily not treated as dependents. Their consent or signature is taken only as a procedural formality and not as a matter of legal right. Even if they refuse to give a no-objection, the competent authority can still process your application based on dependency proof such as an affidavit, educational status, and unemployment certificate. Moreover, your sisters’ demand that you surrender your share in your father’s service benefits or immovable property as a condition for their consent is unlawful and amounts to coercion. The immovable property, being self-acquired and left intestate, will devolve equally upon all Class I heirs under Section 8, and the service benefits are to be distributed as per the succession certificate already issued. These rights cannot be waived or exchanged for consent to compassionate appointment. You should therefore proceed with your application, submitting a written representation to the department explaining your dependency and the non-dependency of your married sisters. If they continue to harass or threaten you, you may issue a legal notice through an advocate or file a complaint before the concerned authority or local police, as such threats have no legal validity and cannot affect your right to be considered for compassionate employment.

Advocate Nishtha Pathak LawRato

623 votes

you need to show the complete documents which you have including the succession certificate actually words make a you difference so we need to cross verify the things then only it will be wise to give you guidance you can even take appointment and meet me if you are in and from Bhopal

Advocate Geet Dhir LawRato