The Supreme Court set aside the controversy between “saas-bahu” over the pension of the deceased man in the case of “Neetu vs Sheela Rani [S.L.P. (c) No. 21187 of 2015]”. The court held that the widow is only entitled to the pension of the dead man not his mother.


The deceased Yash Pal was an employee of the Haryana Government. His widow claims the pension of his late husband but the mother claims the same under the Hindu Succession Act as an heir. The mother of the deceased man filed a suit in the Civil judge court of Rohtak for getting the Succession certificate so that she can get the pension of his late son. The widow of the deceased man claims in the said suit that she is the only one who is entitled to the pension of the deceased person.

Being aggrieved by the decision the respondent’s mother filed a Revision petition in Punjab and Haryana High Court. The High Court allows the petition and; held that the mother is entitled to the pension under section 8 of the Hindu Succession Act. Being aggrieved by the decision of the High Court the widow filed the same appeal.


The court while deciding the case observes that; according to Hindu Succession Act if any person dies intestate the property will go to the Heirs of Class-1. So the properties of the deceased person shall be decided among the mother and; the widow as the other legal heirs of Class-1 are not alive.

The court held that the position on pension is different in comparison to the property. The pension is not part of the late employee’s property. Hence it could not be divided into the heirs of Class-1. Even the employee cannot make a Will on pension by directing that someone will get his pension after his death. So the Supreme Court held that the Widow is only entitled to get the pension of the deceased, not his mother.


Read more Blogs

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.