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division of PF and pension between two wife and their children


20-Apr-2023 (In Family Law)
My father had two marriages. First wife had 2 sons and one daughter.. one daughter and one son is married. First wife has been died. Then my father married to another girl.. I m the son of second wife. We are three brothers. My father was a govt employee. Now he is no more. . Now the problem is arised about division of PF and other funds which will come.. There is a letter came from govt about Gratuty .. which came by mentioning the name of my mother who is second wife.. now the sons and daughter of first wife saying that they want half share in the amount of gratuity.. Are they should get half shre or not.. and one thing.. there is no nominees.. my mother recieves monthly pension.. Can the children of first wife file any case against the pension ? Or can they stop pension by giving an applicatiin to court..
Answers (3)

Answer #1
830 votes
After death of your father his movable and immovable assets wouLD be divided among his legal heirs I.e. his wife and children in equal share. Children include from the first marriage as well. As far as pension is concerned, his wife is only entitled.
Answer #2
874 votes
Hi,
Right to recieve pension is the sole right of the living wife. Gratuity is to be divided among all the brothers and sister equally with equal share of living wife.
They cannot claim or stop pension in any court of law.
Answer #3
708 votes
The children of the first wife and the children of the second wife will receive equal share of funds. As for the pension. Your mother has the exclusive right. They cannot stop it in any way. Funds will be divided among all the children of both the wives.

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