- Introduction
This report is to address the query of whether the predeceased issues of a deceased individual, who died intestate, can receive any share out of the pensionary benefits of the deceased as per Indian laws, service rules, and regulations.
- Indian Service Laws and Regulations
The distribution of pensionary benefits upon the death of a serviceperson in India is governed by specific service rules, such as the Central Civil Services (Pension) Rules, 1972 and other equivalent rules applicable to different services or institutions, as well as Indian jurisprudence on inheritance and succession.
- Nomination and Distribution of Pension Benefits
As per the relevant rules of the Central Civil Services (Pension) Rules, 1972, such as RULES 33, 50, 51, 52, 53, 54, 57, 68, AND 77-81, an employee should nominate, in the prescribed form, a person or persons to receive the death-cum-retirement gratuity which may be payable by the Government in the event of their death while in service. In the absence of a nominee or if the nominated persons are not alive at the time of the pensioner’s death, the pensionary benefits shall be paid to the legal heirs of the deceased. The rule is quoted hereunder:
Regarding the pension itself, in case there is no family member eligible to receive a family pension (which typically includes the spouse, minor children, and dependent parents, among others), the amount of pension will generally not be disbursed and will revert to the government or institution providing the pension. For establishing claim to the same, the legal heirs of the public servant need to go through succession proceedings, UNDER INDIAN SUCCESSION ACT 1925, and obtain a legal heir certificate and no objection if needed, and once the same is obtained, and a decree of the Hon’ble Court directs that the said people are the legal heirs entitled to claim on behalf of the public servant, an application to the relevant govt. department and treasury may be made for disbursal of any amount accruing and payable to the legal heirs, subject to any objections or law for the time being in force.
- Inheritance Law and Pensionary Benefits
According to Indian inheritance law, predeceased issues would not directly inherit any share of the pensionary benefits of an intestate deceased. However, their descendants could potentially inherit such benefits if they were the nominees, in accordance with the rules of the respective service and the regulations of the relevant pension scheme, or alternatively, as per the process mentioned above (through succession).
- Case Law
To understand how Indian Courts have interpreted these rules, one can refer to the case of Smt. Girijabai vs State Of M.P. And Ors. on 8 April, 2008
Equivalent citations: 2008 (3) MPHT 83, where the Madhya Pradesh High Court has ruled some such aspects of the matter.
6. Summary
As per the Indian service laws, rules, and regulations, the predeceased issues of an intestate deceased would not directly or automatically inherit pensionary benefits. However, their descendants could potentially inherit such benefits if they are the nominees, or through succession.
Thank you.
