सरकारी नौकर फैमिली पेंशन की वसीयत नहीं बना सकता || Government Servants Can Not Make Will About Family Pension: Chhattisgah High Court
The Chhattisgarh High Court has said that the government servant can not make a will about family pension. A soldier named Vijay Kaushik named the benefits and pension associated with his pension and his second wife and son. After her death, her wife and her son applied for a succession certificate.
The court dismissed its application and on the basis of the will, the claim of his second wife and his son was correct.
The issue before the High Court on the review petition was to decide whether any government servant can retire or make any will regarding his pension and other benefits after retirement, or it will be given according to the rules and terms of the government.
Making the basis of certain decisions of the Supreme Court, Justice said,
An employee has no right to make a will about such payments which he is not going to get alive while living.
Rule Said
• A person receives this kind of benefits in service after his death and this does not have the violence of the deceased’s asset and hence can not be made a will.
• If the scheme / service rule indicates that a particular person can get any benefit, then no other person can benefit from that person other than that person.
• If there is no provision to nominate any person in the scheme / rule, then the will can not be made about it.
Applying these principles, the court said that since the first wife is the legitimate wife of the deceased government servant, she deserves the entire pension and all the benefits related to it.
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However, the court said that gratuity, leave money, group insurance, family benefit fund, departmental provident fund is part of the deceased employee’s assets and according to the will, the second wife will get it.
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[pdf-embedder url=”https://legalhelpdesk.co.in/wp-content/uploads/2019/05/pension.pdf” title=”सरकारी नौकर फैमिली पेंशन की वसीयत नहीं बना सकता || Government Servants Can Not Make Will About Family Pension: Chhattisgah High Court”]
सरकारी नौकर फैमिली पेंशन की वसीयत नहीं बना सकता || Government Servants Can Not Make Will About Family Pension: Chhattisgah High Court
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