Family pension,gratuity çlaim settlement

503 votes

Nomination does not culminate into ownership. You must intimate the concerned office about your claim towards pension and gratuity and not to disburse the same to your father single handedly. There are many other ways to safeguard the same. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

570 votes

Well, you have to approach the Court if your father resists to give any proceeds in his Property to you, considering, he gave you birth, so it was and is his duty to provide you something from your Property. However, as you are 18 + and married, your claim is not very much strong.

Advocate Pankaj Bajaj LawRato

654 votes

As per the law, if no nominee was registered for your mother’s provident fund (PF), pension, and gratuity, the legal heirs are entitled to claim the benefits. Since your father had abandoned your mother and remarried without divorce, his claim to these benefits can be challenged. You, as the legal heir and dependent son, have a strong claim. Under Section 8 of the Hindu Succession Act (if applicable), the property of a deceased woman is distributed among her legal heirs, including children and surviving spouse. However, since your father abandoned your mother and remarried, his entitlement can be legally contested on grounds of desertion and subsequent marriages. You should: 1. File a formal claim with the employer’s PF department and gratuity authority, citing your legal status as her dependent. 2. Obtain her death certificate, legal heir certificate, and proof of dependency (such as address proofs showing co-residence). 3. If your father challenges your claim, file a suit for declaration of legal heirship and exclusion of his rights based on abandonment and remarriage. Consult a local advocate specializing in succession laws to represent you effectively. Time is crucial, so act promptly.

Advocate Kiran Ashok Gangurde LawRato