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Son fighting for family pension


19-Jan-2023 (In Family Law)
My father passed away in 2020 im younger son age 26 and my mom receiving family pension for past two years and i have elder brother age 30 and he got married in the year 2012 whom he loved opposing parents and leaving everyone and living alone since he got married. He is fighting with my mom to give share on family pension and if my mom refuses to give he is blackmailing that he will file case against mom for not giving family pension and stop my mothers family pension. I have verified family pension rules son above 25 years are not eligible and my elder brother is not a disabled person. Can he file case against my mom and stop her pension or he is not eligible to file a case against my mom for family pension. Waiting for your reply thank you sir...
Answers (3)

Answer #1
591 votes
No need to worry. Your brother will have a difficult time if he files a case to challenge the family pension. It will not be maintainable. If he continues to trouble your mother then your mother can file a petition before the senior citizens cell at the collectorate.
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Answer #2
661 votes
every wife has the right in the family pension of her husband for up to 18 years that is attaining major they can receive the part of the family pension along with mother when is sons attend major they have no right in the family pension and for daughter marriage can I get the family pension as a dependent after father your brother can not claim any single paisa from the pension of your mother it is purely given for your mother only
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Answer #3
986 votes
Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights.
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