The Supreme Court in Nitu vs. Sheela Rani, has held that family pension does not form part of the estate of the deceased and it is to be given under the provisions of the relevant pension scheme. The high court, in this case, had held that the mother of deceased employee was entitled to the succession certificate in view of the provisions of Section 8 of the Hindu Succession Act, as she was also one of the heirs to the deceased employee. The widow of the deceased approached the apex court against this order, which held that the mother should also get 50 per cent share in the pension.
Article referred: http://www.livelaw.in/family-pension-not-part-anyones-estate-disposed-will-sc/
Article referred: http://www.livelaw.in/family-pension-not-part-anyones-estate-disposed-will-sc/
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