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Author Topic: Justice in Father's Settlement Amount  (Read 265 times)

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Offline manjunit4@gmail.com

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Justice in Father's Settlement Amount
« on: July 14, 2016, 07:20:49 AM »
Dear Sir/Madam,

Need Advice on below case:

Father use to work in KPCL and he died due to illness before one year of retirement in the year December 2010.

The family consists of two male children and mother.

At the time of December 2010 the total settlement amount received by the family was Rs.25,00,000/- (25 Lacs).

Elder Son took the Govt. Job of Father. Younger son works in Private Company. Mother is house widow and getting pension of Rs. 3,00,000/- per year and mother is going to stay with Elder Son.

How the settlement should happen amongst them.

Example One: Elder Son got Govt. Job so full amount of 25 Lac to be given to younger son and pension to be divided 50-50 between two brothers
Example Two: Elder Son got Govt. Job so out of 25 lac, 20 lac to be given to younger son and 5 lac deposited on mother name as security and pension to be divided 50-50 between two brothers. Post demise of mother deposited 5 lac with interest to go to younger son either full amount or
Example Three: Continuing example two, the 5 lac plus interest to be divided 50-50 between brothers
Example Four: Elder Son got Govt. Job so full amount of 25 Lac to be given to younger son and pension to be divided in three parts between all the three

Please advise how the settlement should happen.

Additional Facts: Ancestral Property of 5 acre land and home built by home equally divided  among two sons post demise of Mother, till then the mentioned property is in Mother name.



Offline rajgopal sripathi

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Re: Justice in Father's Settlement Amount
« Reply #1 on: July 15, 2016, 06:28:30 AM »
Hi

1) Irrespective of the nature of job(job to elder son on compassionate grounds included), the full and final settlement amount in accordance to Hindu succession act  should legally be divided equally between the mother and 2 sons.

3) Pension goes to the mother only and not to the sons. sons cannot claim a share in pension that is paid to the mother.

4) Moreover the sons are major and employed and cannot claim a share of pension.

5) The money lying with the mother is her absolute property and she can distribute the money to her sons in any which way she wants.

However since the elder brother has got the job of the father on compassionate grounds, as a family, the mother and elder brother can choose to give a greater share to the younger brother out of kindness and love.

unfortunately there is no law to treat people differently based on circumstances(brother getting father's job) and hence entitled for a lesser share of settlement amount etc. In law, hindu succession act treats all class I heirs (mother, daughter, sons equally).

Hope this helps
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline Sebastian

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Re: Justice in Father's Settlement Amount
« Reply #2 on: August 21, 2016, 10:31:57 PM »
You can get help from the grievance committee. 

 

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