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Showing posts with label government. Show all posts
Showing posts with label government. Show all posts

Thursday, 29 August 2013

Encouraging Divorce - Children of divorced, illegally wedded wives of deceased officers entitled to pension


NEW DELHI: Children of divorced or those born to illegally wedded wife of a deceased all India services officer are entitled to get family pensions, according to new rules notified by the central government.
"Where the deceased member of service or pensioner is survived by a widow but has left behind eligible child or children from a divorced or an illegally wedded wife or wives, the eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of the death of the member of service or pensioner had she not been so divorced or had she been legally wedded," they say.
All India services comprise IAS, IPS and Indian Forest Service.
Earlier, children born outside wedlock of a government servant had no claim on family pension and the legally wedded wife was the sole recipient of the post-retirement benefit.
The amended All India Services (Death-cum-Retirement Benefits) Rules, 1958, also have provisions to provide equal share of pension to more than one widow of a deceased officer.
The rules have a provision to recognise marriage and family of a member of the services after his or her retirement and have made such family member eligible to receive pension after the death of an officer.
They also provide for monetary support to mentally retarded children of an officer of Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).
"If the son or daughter of a member of service is suffering from any disorder or disability of mind including the mentally retarded or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life," the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.

If there are more than one such son or daughter suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible, the rules clarified.

In case both wife and husband are members of service and are governed by the provisions of the rules and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, they said.

Retired all India service officials will also get additional pensions after completing 80 years of age, according to them.

Such retired government officials will get 20 per cent of additional pension after they complete 80 years of age, 30 per cent of after completing 85 years, 40 per cent after crossing 90 years of age, 50 per cent after reaching 95 years and 100 per cent of additional pension after completing 100 years of age, the rules said.
 

Friday, 9 August 2013

Government bid to give wives inherited property share

Government bid to give wives inherited property share

NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage laws which, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.

The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.
The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".

The government had brought in a Bill to grant the wife the right to a share in the movable and immovable residential properties. But this was found wanting by some civil society groups who demanded that the wife should have a right not just in residential property but also all immovable properties of the husband.
Responding to the criticism, the government has now proposed to make another couple of amendments to provide a share to divorcing women in not just acquired properties but also inherited property and bringing in immovable assets beyond the residential house.
The government has decided to create a special provision in case of inherited properties in light of a Supreme Court order that one co-owner of joint family property does not have the right to sell his undivided share. Considering the Supreme Court orders, the government contended that giving over half the share of the husband in inherited property could lock the divorcing wife in to future litigation. Therefore, the amendment provides for the court to decide if she should get money in lieu of her share in such cases.

http://articles.timesofindia.indiatimes.com/2013-04-30/india/38929151_1_inherited-property-joint-family-property-special-marriage-act