Q & A
Q 1. I was married 1year ago and
my husband was central govt employee , we both were staying in govt quarter
allotted to us after our marriage. But after few months we booked a flat
and planned to settled down there but suddenly my life took a drastic twist my
husband meet an accident and left behind me as a widow . After this incident I
came to know about my in-law real faces , they started abusing me and forced to
go to my mother’s place but now real problem started:
1. Please tell me what should I do to get the
possession in flat and get it registered (not registered till now) as
I have no place to stay ,as no longer I can stay in company quarter. my father-in-law and brother in law both are working in a good company and earning
good salary and they have their own quarter.since they are now allowing me to
get the possession and creating problem for me.
2. Till now I haven’t got any compensation from company as their was no nominee declared by husband . my inlaws are claiming for the company claims. What should be done in this respect?
3. As I have no source of income and I am asking for job on compensatory basis but there is no positive response from company .kindly suggest what should be done in this respect as I have sent my application and continuously forwarding my reminder to the senior authority . as I have done master in business administration and looking for job in behalf of my husband who was central govt employee.
Please suggest best possible way to resolve my problem.
Ans. First,
you personally visit your husband's department and fill up the compassionate
appointment application and file all the supporting documents- your marriage
card, your educational qualifications etc. The purpose of providing
compassionate appointment to the dependent of the deceased is to provide her
succour and tide over the financial difficulties which she may face immediately
after his untimely death. If you delay this filing process, you will lose
the right to get the compassionate appointment. Next, about his money
lying in the department - salary, PF account and pension account and gratuity
amount, etc. You have to file a separate application along with the
documents of marriage - marriage card will do. In that application, you
have to clearly mention that the department shall not release the amounts to
anyone excluding you and if they do so, they would be held accountable. You need not to bother that your marriage has not been registered. In
India, till date to prove the factum of marriage, production of marriage
certificate is not mandatory. I suppose and you said above that the
department refused to release these amounts on the ground that your name has
not been entered in their records. If they refuse, then you have to file
a suit seeking succession certificate from the competent court. In this
case you have to make your in-laws and the department as opposite
parties. His mother and you both will get equal shares. Next,
in respect of flat write a letter to the owner/builder of the flat asking him
to register the flat in your name. I suppose the entire amount has been
paid. If he refuses (at the behest of your in-laws), then you have to
approach the civil court for declaration that you are the owner of the flat and
also seeking the direction to register in your name. Here also, in this
flat, your mother-in-law and you will have equal shares. In this case
also you have to make your mother-in-law as well as the builder/owner of the
flat as opposite party (defendants). If you get compassionate appointment
and if you have not left the govt. quarter, you are entitled to stay there.
(Credit-Adv.Chandrashekar)
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