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Who is considered as the legal heir of a man if he has no son


01-May-2023 (In Civil Law)
Sir, If Mr. A (government employee) died leaving his widow mother(pensioner), wife (unemployed) & daughter(minor) who will be the legal heir of his property, any death benefits from govt. claim? Mr. A has her married sister also who lives desperately with her husband.
Answers (4)

Answer #1
972 votes
Under pension law, Mr. A has to declared his nominee before the pension authority before his death. In case no nominee has been mentioned by him, all parties has to apply for succession certificate and equally the pension shall be divided but it will not include the married sister.
In the case of death of a pensioner, the deceased pensioner's wife or a disabled child or dependent parents or a disabled sibling should apply in Form No. 14 along with a copy of the death certificate of the deceased pensioner to the Pension Disbursing Authority.
Family pension is payable to one member of the family at a time in the order and for the period as under:
a) In the case of a widow or widower, up to the date of death or remarriage, whichever is earlier. Family Pension shall continue to be payable to a childless widow after her re-marriage if her income from all other sources is less than the amount of minimum family pension and the dearness relief thereon.
b) When widow or widower becomes ineligible, children below 25 years of age in the order of their age, up to 25 years of age or till they get married or till they start earning more than the amount of minimum family pension along with dearness allowance thereon.
c) After (a) & (b) above; for the lifetime to any son/daughter who is suffering from any disorder or disability of mind (including mentally retarded) or physically crippled or disabled and who is unable to earn a living.
d) If no spouse/children below 25 years of age/disabled children above 25 years of age are eligible for family pension, it may be granted to unmarried/widowed/divorced daughters above the age of 25 years in the order of seniority of their age.
e) Thereafter, family pension may be paid to the parents who were wholly dependent on the Govt. servant when he/she was alive.
f) Disabled siblings (i.e. brother and sister) who were dependent on the Government servant immediately before the death of the Government Servant, for life.
Answer #2
586 votes
Sir, after death of Mr A, his property would devolve jointly and in equal parts upon his mother, his wife and minor daughter. However, the person nominated becomes eligible for death benefits from government claim. Please call if you have further questions
Answer #3
843 votes
in this case, the legal heirs will be his wife and his daughter. since the person has no son, but his wife and daughter is alive, then the wife and daughter will get the benefits of his death. the other things shall depend on the documents.
Answer #4
742 votes
Since Mr. A has got mother, widow wife and minor daughter, all the three shall inherit the property in equal shares as per the Hindu Succession Act, the married sister shall not get anything. In the employment, the nominee shall get the death benefit as death cum retirement gratuity. If Mr. A has died at least two years before his service tenure expires, the widow wife shall be entitled to get an appointment in the said Government job under compassionate appointment category, the widow wife should not delay in applying the same. All the best. Regards

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