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Thread: release of gratuity after death

  1. #1
    Junior Member skarora is on a distinguished road
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    Default release of gratuity after death

    dear friends
    my brother in law died due to cardiac attack being in service. He nominated his father before marriage and did not change the nomination there after. Now what next, will his wife and children can get the gratuity and how. Please help .

  2. #2
    Junior Member ramkushwaha_58 is on a distinguished road
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    Quote Originally Posted by skarora View Post
    dear friends
    my brother in law died due to cardiac attack being in service. He nominated his father before marriage and did not change the nomination there after. Now what next, will his wife and children can get the gratuity and how. Please help .
    Dear Sir,
    As per Govt. of India standing instructions, the legal heir has right to get the gratuity and other benefit. No doubt the father is also a legal heir in one of them but wife and children has first priority over it. In this regard, you have to prove that she is legally weded wife of the deceased. The concerned department will consider it.
    ramkushwaha_58

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    Junior Member ramkushwaha_58 is on a distinguished road
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    Default Wife and children can get grauity inspite of not having nomination

    Dear Sir,
    As per Govt. of India standing instructions, the legal heir has right to get the gratuity and other benefit. No doubt the father is also a legal heir in one of them but wife and children has first priority over it. In this regard, you have to prove that she is legally weded wife of the deceased. The concerned department will consider it.
    ramkushwaha_58

  4. #4
    Member kgkacharya is on a distinguished road
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    Quote Originally Posted by skarora View Post
    dear friends
    my brother in law died due to cardiac attack being in service. He nominated his father before marriage and did not change the nomination there after. Now what next, will his wife and children can get the gratuity and how. Please help .
    According to Rule 53 (1)(i) of CCS (Pension) Rules 1972, a Government Servant has a family, the nomination shall not be in favour of any person or persons other than the members of his family. As per Rule 50(6) ibid, father and mother also comes under the definition of familyfor the purpose of Rules 51, 52 and 53. Hence the nomination made by the deceased official in favour of his father is valid even after his marriage unless he revised the nomination. In the instant case the father will get the DCRG and the wife and children have no right to claim it. However, the wife will get family pension.

    kgkacharya.

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