ACTIONS TO BE TAKEN BY THE SPOUSE / NOK ON UNFORTUNATE DEMISE OF A PENSIONER.

1. Step 1. Death, if due to any accident or unnatural causes,should always be reported to the nearest police station. It resolves a lotof legal and documentation issues at a later stage. In such cases, it isalso advisable to get the autopsy done to establish proper cause ofdeath.

2. Step 2. Do obtain two ink signed copies of the medicalcertificate specifying the cause of death from the hospital or anauthorized medical practitioner. One copy is required by the authoritiesat the cremation / burial ground. And the second copy is required by theRegistrar of Deaths & Births to issue death certificates. Do obtain thecremation / burial certificate from the cremation / burial ground.

3. Step 3. A close relative should apply for issue of deathcertificate within 15 days of the death of the pensioner / deceased. Thefamily must obtain around 20-30 ink signed & equal number of photocopies duly attested by a class one officer for necessary documentation.

4. Step 4. Write to the Pension Disbursing Authority (PDA) i.e,the pension paying bank intimating them of the demise of the pensioner,asking them to discontinue the pension of the pensioner and commencepayment of the family pension of the spouse / NoK / Heir, enclose an inksigned death certificate and copy of the original PPO with jointphotograph of the pensioner and spouse / NoK duly stating the PPO andPension Account Numbers. A sample application form is attached as anAnnexure I.

5. Step 5. If the Pension Account is a joint account or the spouseis a nominee, then it is easy to operate the same account for familypension, otherwise a fresh bank account is required to be opened in thesame bank. The bank authorities will require a proof of identity andresidence. Photo copy of Voter Identity Card / PAN Card should sufficewith three copies of attested photographs. Also make nomination for lifetime arrears at bank.

6. Step 6. Apply to MP5 B to process the case of family pensionand also write separately to Pension Sanctioning Authority i.e. PCDA (P)to commence the family pension stating the demise of the pensionerduly enclosing an ink signed copy of death certificate. A sampleapplication is attached as Annexure II.

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7. Step 7. Do write to Army Group Insurance Fund (AGIF) todraw payment on extended life insurance if eligible. A sample applicationis attached as Annexure III.

8. Step 8. Write to the AGs branch (MP-5, CW 4) to update therecords and pay the platinum grant fro the Army Officers’ Benevolent Fund as applicable. A sample application is attached as Annexure IV.

9. Step 9. Return the deceased pensioners identity card to thenearest station HQ / ZSB for further disposal. And apply for new identitycard to ZSB.

10. Step 10. If there are other insurance policies on the name of thedeceased soldier then do write to the insurance companies to pay thedue amount.

11. Step 11. Write to all banks wherein the pensioner has hisaccounts to transfer the closing balances to the spouse / NOK providingthem with the bankers address and account number.

12. Step 12. Write to the Regional Transport Office (RTO) totransfer the car / two wheeler / any other automobile to the NOK.

13. Step 13. Write to concerned Arms Licensing Authority totransfer the weapon (if any held) to the NOK and meanwhile deposit theweapon(s) at the concerned Police Station for safe custody. Later, theNOK should apply for Arms License at the earliest.

14. Step 14. Write to the Electricity Providing Agency to transfer themeter in the name of spouse/NOK and start further billing against thatname.

15. Step 15. Write to the Telephone Providing Agency to changethe name of the subscriber, transfer the connection to the name of thespouse / NOK for further billing.

16. Step 16. Apply to AWHO to transfer the dwelling unit to thespouse / NOK. Performa for application should be obtained from theAWHO / Resident Welfare Society. The Resident Welfare Society has torender No Objection Certificate (NOC) stating that there is noencroachment of common land, no major modification to the approveddesign and all dues to the society has been cleared. If not already done,

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you may have to do it before they issue NOC.

17. Step 17. Write to all the clubs and societies to transfer themembership to the spouse / NOK. Write to all debtors to clear all duesand make payment to the spouse / NOK.

18. Step 18. Clear the outstanding dues if any to the bankers,creditors and credit cards held / taken if any. Return the credit cards ofthe deceased pensioner to the banks concerned.

19. Step 19. Some of the banks may have issued insurancecertificate for the amount of FD / bank balance then the same should beclaimed.

20. Step 20. Write to Income Tax authorities to intimate death of thepensioner to close his Income Tax file and consequently open anIncome Tax file in the name of the spouse/NOK quoting the PANnumber of both the deceased pensioner and the spouse.

21. Step 21. Write to the Municipal Authorities to Close Propertycase file of the deceased person and open it in the name of the spouse /NOK.

22. Step 22. Approach the District Courts for Probate of the WILL, ifit is in possession; otherwise obtain a Succession Certificate from theDistrict Judge. Relevant instructions are summarized as a check list atAnnexure III.

ANNEXURE IDRAFT LETTER FOR FAMILY PENSION FromNameAddressTele No Date:To,The Bank ManagerBank Address

Sir,

SUBJECT: GRANT OF FAMILY PENSION ON DEMISE OF PENSIONER.

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1. Reference our Joint Pension SB A/C No ________ held with your Bank.

2. I regret to inform you that my husband, IC No _________ Rank _______Name ________________ has expired on ________ at _________ due to__________. His Death Certificate issued by __________ dated __________ isenclosed for ready reference.

3. He was drawing his pension through your bank. You are therefore requestedto kindly stop the payment of his pension with effect from _________ andcommence payment of family pension at the rate as prescribed vide Annexure 3 toSixth Pay Commission Report i.e. Rs ________plus DA @ ______ or as applicableto me through the same Pension SB Account No ___________ held with your Bank.We have no dependent children.

4. You are requested to forward the attached copy of this letter along with copyof the death certificate duly endorsed for its correctness to PCDA Pensions.

5. Thanking you in anticipation.Yours faithfully,Signature(Name)

Copy to :-

PCDA (P), DraupadiGhat, Allahabad (UP), Pin-211014

ANNEXURE II

Form No MP B-5 01 (Refers to Para 1 of Part II)

Mrs________________ Date:

To, Army Headquarters., AG’s Branch-MP 5 (b), West Block-III,RK Puram, New Delhi-110066.

APPLICATION FORM FOR PENSION TO WIDOW OF OFFICER PART-I

PARTICULARS RELATING TO DECEASED OFFICER

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1. Name ________________ 2. (a) Unit/Corps/Ship : __________(b) Rank : ______________

(c) Date of Birth : _________ (d) Place of Birth_______________3. To be answered only if death occurred after Retirement.(a) Date of Death : ______________ (b) Place of Death: ____________

PART-II

PARTICULARS OF APPLICANT

4. Name : 5. Address in Full :

6. (a) Date of Birth : ________(b) Date & Place of Marriage:__________, at ________

7. Were you living apart from your husband at the time of his death for any reason: other than his employment with the forces ? If ‘yes’ attach a statement of circumstances. 8. (a) Particulars of children of the deceased officers under 18 years of age (see : note overleaf) in respect of whom allowances claimed.

(b) Are all the children maintained by you_______________________ (c) Nationality: ____________ (d) State/Province, you belong : ____________9. Have you or any of the children been injured in war : _____ If so, state date, place and nature of injury and whether your claim for compensation has been made:

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10. (a) Are you or any of your children in receipt of any pension or allowance : Yes/No

(b) Have you applied for any pension or allowance (apart from the present application) or do you intend doing so. : Yes/No If so, state as to when you have applied or intend to apply:

_____________________

PART-III

PARTICULARS OF ANY PENSION RECEIVED BY THE DECEASED OR THE APPLICANT OR THEIR CHILDREN

Name of Pensioner

Nature of pension or allowance

Amount By whom paid Reference No. (PPO No & Date)

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Note :* Commuted pension amount (Rs______) is deducted up to _______only.

11. State name of Bank at which you desire pension should be made payable, if granted: ________________________________________________ DECLARATION

I HEREBY DECLARE that to the best of my knowledge and belief, the answers to the questions on this form are true and complete and I claim pension on the basis of the facts set forth. I undertake to furnish any further particulars that may be required.

Witness to sign (Any Commissioned Officer of the Defence Services on effective list not below the rank of Capt (Preferably by OiC, ESM Cell) or equivalent (Mrs.____________ )rank or Magistrate under his court seal) Signature of Spouse/NOK

Signature of Witness: Date: Address of witness:

Copy to:

The PCDA (P), Draupadi Ghat, Allahabad -211014, U.P.

ANNEXURE IIIDRAFT LETTER FOR ARMY GROUP INSURANCE EXTENDED POLICY

From:NameAddressTele No Date:To,The Chairman,Army Group Insurance Fund,AGIF House, Rao Tula Ram Marg, NEW DELHI – 110010.

Sir,

SUBJECT:- ENCASHMENT OF EXTENDED ARMY GROUP INSURANCE POLICY

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1. Reference the Extended Army Group Insurance Certificate No ___________dated _______ issued to IC No._______Rank_______Name ________________of Army/Navy/Air Force/ Branch________.

2. I regret to inform you that my spouse, IC No ________ Rank ______Name ________________ has expired on _________ at ________due to______________. His Death Certificate issued by __________ dated _______ isenclosed for ready reference.

3. I am enclosing the Extended Army Group Insurance Certificate for encashmentduly completed in all respects. His date of birth is ___________ and kindly send thecheque of the sum assured to me on my address as given above at the earliest.

4. My Bank details are as follows: _________Bank A/C No __________________Address _______________.

5. Thanking you in anticipation.

Yours faithfully,

Signature(Name)

ANNEXURE IV

FromNameAddressTele No DateToThe AOBF (Accts Sec)AG's Branch, IHQ of MOD (ARMY)Room No 279A, South Block DHQ PONew DeIhi110011

SUBJECT: PAYMENT OF PLATINUM GRANT (AOBF)

1. Reference PPO No. ____________ (photocopy enclosed).

2. I regret to inform you that my spouse, IC No ________ Rank ______Name ________________ has expired on _________ at. ________ due to_________. His Death Certificate issued by __________ dated __________ isenclosed for ready reference.

3. You are kindly requested to send me his Platinum Grant on his demise. His

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date of birth is _________. Photo Copy of his Retired Officers' Identity Card isenclosed for ready reference.

4. The cheque may please be issued to me on the Address given on top of thisletter. My Bank details are as under: Name of Bank : Address _____SBA/C No:_____. We have XX / do not have dependent Children.

5. Thanking you in anticipation.

Yours Faithfully, Signatures( Name- Mrs xxxxxxxxxxxxxxxxxx) W/O Late xxxxxxxxxxxxxxxxxxxx

Copy to:- MOD IHD, Army/HQ AG ( MP 5/ CW 4) For Similar Action

***************** *************** ******************

An example:

CHECK LIST -- ACTION TO BE TAKEN ON DEMISE OF PENSIONER

1. In case of death due to accident lodge an FIR with the nearest Police Station,and get their written permission before last rites are performed.

2. Arrange last rites even in cases of natural demise only after getting MedicalCertificate of cause of Death from a doctor (Authorized Medical Practice nor).Intimate time of Funeral and CHAUTHA/UTHALA/ Prayer meeting to all concernedpreferably through an insertion of obituary in News Papers(s).

3. Apply for and obtain Death Cetificate-20 or more copies from the Office ofRegistrar of Births and Deaths/ Municipal Authority. These are required to besubmitted with all claims.

4. Forward the information with certified photocopy of Death Certificate To thefollowing:

(a) PCDA (Pension), AG's Branch MP 5

(b) and PS4.

(c) Army Officer's Benevolent Fund for Payment of Platinum Grant andAGIF For settlement of life Insurance cover as applicable.

(d) Station HO To surrender Identity Card of the deceased Officer andIssue of CSD Canteen Card.

(e) Bankers for family Pension, FD's Loans (if any), PPF and Locker:

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(f) Clubs for transfer of membership or refund of security deposit asapplicable.

(g) Municipal Authority / AWHO / DDA / NDA / GNDA / HUDAI LOCALDevelopment Authority For transfer of House / Apartment to a single name ofthe surviving spouse as per WILL of the deceased.

(h) MTNL / BSNL / TELE COM COMPANY for transfer of tele connectionand future billing.

(j) LOCAL ELECTRICITY DEPARTMENT for transferring ofelectric connection and future billing in the name of the house owner.

(k) ITO For closing of file of the deceased and linking up with the files ofthe beneficiaries and for wealth Tax assessment.

(l) Licensing Authority for motor vehicles, Personal Arms and Tractors etcFor Transfer of Ownership.

(m) LIC/GIC/Insurance Companies/Banks for insurance policies coveringLife, Medical, Vehicles and property etc.

(n) Secretary Zila Saink Board for issue of Ex-Servicemen widow's Identitycard.

5. Obtain Probate of WILL (if held) otherwise succession certificate is required fromthe District Judge under Indian Law—NOT REQUIRED FOR HINDUS or a simple will as below:

SAMPLE FORMAT OF A WILL

WILL OF SHRI…….., S/O or D/O SHRI………..I, Shri/Smt ....................... son/daughter/wife of Shri .................,resident of ......................, by religion.............., do hereby revoke all my previous Wills (or) Codicils and declare that this is my last Will, which I make on this .......(Date)..................... My Date of Birth is.............I declare that I am in good health and possess a sound mind. This Will is made by me without any persuasion or coercion and out of my own independent decision only.I appoint Shri....................... Son/daughter of ..............., resident of ............. to be the executor of this Will. In the event Shri............... were to predecease me, then Shri................, will be the executor of this Will.I bequeath the following assets to my Wife Smt.................1. My house located at.........(address).........2. Bank balance of my savings account no.......................with ...............(bank name & bank address).........

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3. My Bank fixed deposits in .......(bank name).....bearing ........(FD receipt nos)........4. The proceeds of my Term insurance policy ....(Policy no)......, from.......(insurance company name).........5. The contents of bank locker no........., with bank............, bank address...............I bequeath the following assets to my son Shri...............1. Residential Plot no........, located at................2. My car with registration no..........3. My mutual fund investments with folio numbers.......................4. Any other asset not mentioned in this Will but of which I am the owner.All the above assets are owned by me. No one else has rights on these properties.Date:  Place:  Signature of Testator (Full name....)

Witnesses

 We hereby attest that this Will has been signed by Shri.............as his last Will at .........(Place)......... in the joint presence of himself and us. The testator is in sound mind and made this Will without any coercion.

Signature of Witness (1)                                   Signature of Witness (2)     (Name & Address)                                                  (Name & Address)

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REQUIRED TO IMMEDIATELY REPORT THE ISSUE ON UNFORTUNATE DEMISE OF THE PENSIONER

Number: ICRANK:NAME:ADDRESS:

PPO NO:

WIFE:ADDRESS:CONTACT DETAILS:

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TELE No:

MOBILE NO:

EMAIL:

BANKERS DETAILS: A/C No:

BANK

BRANCH

IFSC CODE

Amplification Notes of a INDIAN WILLIntroduction to Indian Will

The fact that one grows old is a harsh reality that we all have to face and accept as time goes on. There is a factor of insecurity that creeps into one's mind. One wants to make sure that the life he has led has been meaningful and dignified in all aspects. A will is a very important legal document, which consists of the rights of an individual after his death. It enables the individual to rightfully leave his assets and wealth to who ever he chooses to.

According to the respective law of succession, when no will is made i.e. intestate, or if an individual dies "intestate", the laws of succession come into play. In India, two important statutes govern succession. These are the Indian Succession Act, 1925 and the Hindu Succession Act, 1956.

What is an Indian Will

Under the Indian Succession Act, 1925, a will has been defined as follows:"A will is the legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death".According to Section 59 of the Indian Succession Act, any person of sound mind who has reached the age of majority can make a will. A person who is ordinarily insane may make a will during the time he is sane.

The law applicable to WillsThe Indian Succession Act 1925 applies expressly to wills and codicils made by Hindus, Buddhists, Sikhs, Jains,

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Parsis and Christians but not to Mohammedans.

Law of Succession

Every law of succession defines the rules of distribution of property in case a person dies without making a will. These rules provide for a category of persons and percentage of property that will develop on each of such persons. However, it must be remembered that it is preferable that one should make a will to ensure that one's actual intension is manifested.

Moreover, one can take into account special circumstances in the family. However, it often happens that, due to ignorance of law, people fail to make a proper, enforceable will. Consequently, confusion ensues and often, the rightful heirs do not receive their fair share.

1. According to the law of inheritance and succession, if a Hindu male passes away, a Hindu female shares equally with the male i.e. a son and daughter will succeed with equal shares. The wife as well as the mother also gets equal an share. But there is nothing to prevent a Hindu male from bequeathing his entire property to a stranger if he so desires.

2. There are diverse, complicated laws of inheritance. A lot of hardship is sometimes caused when a male dies prematurely or unexpectedly. The property passes to the minor children and to the mother of the deceased in equal shares. There are cases where there has been a tragic demise and there is no will, and the surviving wife and the mother of the deceased (although not on good terms) are entitled to equal shares. If there is an office or house, an equal share will go to the mother. Shares of companies are also divided equally. It is difficult to get all the heirs on a common meeting ground to write to the companies to transfer the shares to the names of the respective heirs. All these problems can be obviated if a will is left behind.

3. A Muslim wife on the other hand, even though she has to share with other wives if there is more than one wife, cannot be dispossessed because a Muslim male cannot will away more than 1/3 of the estate i.e. 2/3rd of the property must be divided among the family members in the shares laid down in the Shariat Act, 1937. But Mohammedan Law gives the male heirs, the sons, twice the share of the daughters. The widow gets a definite share.

Who can make a Will?1. A person of sound mind, as long as he is not a minor, can make a will.2. If a person is of unsound mind at the time of making a will, such a will is not enforceable.3. A will, obtained by force, coercion or undue influence is a void will, as it takes away the free agency of

the person.4. 4. A will made under influence of intoxication or in such a state of body or mind, will be void. Thus any

person who is of sound mind and is aware, and has clearly stated to avoid confusion in the division of

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property and assets after his or her death, can make a will.

Can a minor own property?

Holding of property by a minor is problematic because selling of immovable property belonging to a minor requires court permission, for the sale must be for the benefit of the minor.

Invalid Wills

A will made under intoxication or when a person does not have the mental ability to understand what he is doing. If a will is prepared by a person under the influence of alcohol or has a feeble memory and does not understand the nature of the property he/she owns, such a will can be challenged.

When and how is a Will made?

1. A will can be made during the lifetime of the individual. This simply means that a person is entitled to make his or her will whenever he or she chooses to do so.

2. There is no restriction of law as to how many times a will can be made by a testator. A testator is the person who makes the will and who owns the property and assets. However, only the last will, which is signed before the testator's death, is enforceable. The will has to be executed by the testator, by signing or affixing his marks (thumb impression, stamp etc.) to the will.

3. 3. Two or more witness shall attest the will, each of which should have seen the testator signing the will.4. 4. In some cases, where it is anticipated that there will be a dispute, a will may be videographed. This

will show the demeanour of the testator. His state of health and the soundness of his mind may also be apparent. While videography is not specified in the law as being evidence of authenticity, a videocassette of the will, the signing of the will, reading out of the will by the testator and the process of registration, will constitute good evidence.

Witnesses of the Will1. 1. A legatee cannot witness a will, neither the husband nor wife of a legatee or any heir of a legatee. A

legatee is a person who receives some property or assets from the bequeathor. If such a person does attest the will, such a bequest or appointment shall be void, but the will is valid. Or the legatee can confirm the will, which simply mean that he can acknowledge that the will is valid.

2. 2. A legatee can be an executor or a witness to prove the execution of the will or the validity of the will if the will is challenged.

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A CODICIL

A codicil is defined in section 2(b) of the Succession Act as an instrument made in relation to a will and explaining, altering or adding to its disposition and shall be deemed to form part of the will. A codicil, unlike a will, is not an independent document but is an appendage to the main document i.e. the will.

If a testator intends to make few changes in the will, without changing the whole will, he can do so by making a codicil to the will. The codicil can be executed in a similar way as the will. One must note that a will or a codicil is not unalterable or irrevocable, which means they can be altered or revoked at any time

ESSENTIAL FEATURES OF A WILLA will can be made at any time in the life of a person. A will can be changed a number of times and there are no legal restrictions as to the number of times it can be changed. It can be withdrawn at anytime during the lifetime of the person making the will. A will has to be attested by two or more witnesses, each of who should have seen the testator signing the will. 

The essential features are: 

a) Legal Declaration: It is a legal document, which has a binding force upon the family. If a person dies without making a will, that means he dies intestate, then the laws of succession prevail. In spite of having laws that are well developed in this aspect, there is no uniformity

b) Disposition of Property: In a will, the bequeathor leaves his property to the person or people he chooses to leave his assets/belongings. A Hindu person by way of his will can bequeath all his property, which he has self-earned. However, he cannot do so when it comes to his share in the Hindu Undivided Family Property in which he is a co-partner.

As a general principle of the Muslim Law, one can only bequeath 1/3rd of one's estate. The remaining 2/3rds will devolve by the law of intestate succession. However if a Muslim couple is married under the Special Marriage Act, they will be allowed to make a will of their entire estate.

c) Operation after Death: The will is enforceable after the death of the testator

EXECUTION AND ATTESTATION OF A WILL 

1. The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.

2. The signature or mark of the testator, or the signature of the person signing shall appear clearly and should be legible. It should appear in the manner that is appropriate and makes the will legal.

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3. The will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen other person sign the will, in the presence and by the direction of the testator, or has received from the testator.

4. Personal acknowledgement of his signature or mark, or of the signature of such other person. Each of the witnesses shall sign the will in the presence of the testator.

5. Each of the witnesses shall sign the will in the presence of the testator, but it should not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary.

1. Registration of will: A will can be handwritten or typed and is not required to be registered, even if it relates to immovable property. Registration of a will is optional. Registration does not give any special sanctity or genuineness to the will. Even registration is not compulsory though it can be registered under the Registration Act 1908 or deposited in the sub-registry as stated earlier.

2. Signature of registrar: The endorsement of the register is sufficient to prove the execution of the will, if all the attestators of the will are dead and if the testator affirms the contents of the will and put his thumb impression on the endorsement in the presence of the sub-registrar, the sub-registrar could also be considered to be an attesting witness.

c) Stamping of will: A will or codicil is not requires to be stamped at all.

REVOCATION, ALTERATION, MODIFICATION AND AMENDMENT OF THE WILL

a) Revocation of will: A will is always revocable during the lifetime of the testator, though the will is stated to be irrevocable. But it must be revoked in manner stated in section 70 of the Succession Act, "No unprivileged will or codicil nor any part thereof shall be revoked otherwise than by marriage or by another will or codicil". 

In case of revocation, the testator should give it in writing that he has made certain changes or has revoked the will. It must be signed by the testator and attested by two or more witnesses. If the testator wants to revoke the will, he can do so by burning or tearing or destroying it completely. It must be done with the intention to revoke the will and mere symbolic destruction is not sufficient like cancellation etc. There should be a clause stating that the present will is the last will of the testator and any will made prior to this would stand revoked. The testator cannot revoke the will by just striking it off or scratching it. He must sign it and have it attested by at least two witnesses. The essence of a will is that its revocable nature cannot be lost even by a declaration that it is irrevocable or by covenant not to revoke it.

b) Alteration in a will: While executing a will, care must be taken that there are no additions or alterations made in the will and, if made, the testator properly initiates them. Section 71 of the said act provides that no obliteration or other alteration made in any unprivileged will after execution thereof, shall have any

15

effect except so far as the words or meaning of the will have been thereby rendered illegal or undiscernibly unless such alteration has been executed in the like manner as required for the execution of the will. This applies if the alterations are made after the will is duly executed and attested, if made before the execution, this section wont apply.It is desirable to get the alterations signed by the testator. This is a reason for which a form is prescribed by the High Court at Bombay, for the affidavit required to be made by an attesting witness in support of the petition for probatewith the will annexed, is required to state, that the alterations or erasures made in the will were made prior or at the time of the execution of the will by the testator.

What is a probate? Is it necessary to be obtained in the case of Will of deceased?

The term "probate", in it's strictest sense, signifies that the copy of the will is given to the executor, together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved.

Though executors derive his title from the will and not the probate, the probate is still the only proper evidence of the executor's appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off, but only perfects the representatives title of the executor to the property, which did belong to the testator and over which he had a disposing power.

Will & Nomination

Often there is confusion between a will and a nomination. Here, it must be clarified that a nomination is not a will. The nominee merely acts as the trustee. In some instances, the nominee and the beneficiary of the will is the same person. However, at all times, the provisions of the will prevail over the nomination. It is advisable, though, to have the same person as the nominee and the beneficiary of the will, so as to prevent future disputes. 

Nominations:

A nomination, in order to be effective, need not be executed as a will but must be in accordance with the formalities required by the particular provision applicable. If the testator, in accordance with the statutory power, has nominated a person to receive a particular sum on his death, that sum cannot, it seems, be disposed of by his "will" except where under the terms of the relevant statutory provision and in the circumstances of the case, the will constituents an effectual revocation of the nomination.

REGISTRATION OF A WILL

Though the registration of a will is not compulsory, it can be registered with the sub-registrar. If, at any time, the testator wishes to withdraw the will, he can do so. A will also can be sealed and kept in safe custody. This will then be released only to the testator himself or, after his death, to an authorised person who produces the death certificate.

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It is advisable to leave or make two copies of the will properly dated etc.

Execution of a Will

On the death of the testator, an executor of the will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the will. If there are no objections, the court will grant probate. A probate is a copy of a will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a will.

In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the will comes into effect.

Conclusion

Most of us work hard all our lives to acquire money and property. Naturally, it follows that we would like to ensure that this hard-earned wealth falls into the right hands. If we have a clear picture of the different aspects of a will and how it should be made, we can avoid possible pitfalls. In this way, our near and dear ones will not be involved in unnecessary disputes and litigations after our time. Once a valid will is in place, we can rest assured that the fruits of our labour are only enjoyed by those who are entitled to it.

Imp Note :

The wife (who draws family pension (@ 60% of the Basic Pension of _________/- of the deceased plus Dearness Relief ( at the prevailing rate) is required to submit a "Life Certificate" (Prescribed Forms available at the respective Bank Branch) by First week of November every year during her life time to receive further family pensio

15. Claiming of Platinum Grant of Rs 50,000/- from AOBF on completion of 75 years of age of

the deceased.

16. Life Time Arrears (Form B) had been submitted to Pension Paying Auth. – CPPC,

_________Bank, Bangalore-560____ , through Pension paying Bank Br.,

Bengaluru.

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ASSURED DECENT LAST RITES TO VETERANS (ADLR SCHEME)

A decent last rites can be performed only when there is sufficient money in hand. Here is the scheme

called ADLR for all the ex-servicemen and their families in performing the last rites in a decent and

honourable manner.

The word ‘Assured’, I presume probably was coined by the great visionary and the God father of the

veterans the then GOC, ATNK&K Area Maj.Gen.A.S.Jamwal, who was instrumental in introducing the

scheme w.e.f. 31 May 2002. The ex-servicemen community should not forget this great social reformer.

Unlike any government welfare schemes, one need not run around any where for getting various

certificates from the revenue authorities. (One has to spend sizable amount to get the Funeral grant from

the Zilla Sainik Boards)

(The death certificate, legal heirship certificates are a prerequisite for this funeral grant) The funeral

grants are kept pending for a number of months in the District Collector offices for want of funds.

Whereas this ADLR scheme provides great relief from the clutches of various revenue officials. All one has to do is just inform the parent Canteen : CSD(I) Canteen. The rep or the NOK of the deceased is required to fill up the application at Sub Area HQ CSD(I) at Old BRV Talkies Bldg., (over phone or through a reliable messenger) applicable to bothe Canteen & Soldier Board assistance, giving the full particulars of the deceased canteen card and Soldier Board ID card holder about the date and time of death and the probable

time of funeral so as to enable the canteen staff and soldier board staff to make necessary arrangements as required. It is confirmed that the Canteen issues Rs 4000/- and Soldier Board at FM Cariappa BLDG., Residency Road, Bangalore issues Rs 5000/- as funeral expenses (No other arrangements). The funeral arrangements is to be done by the family of the deceased only).

A maximum grant of Rs.4000/- is being paid by the parent Canteen and Rs 5000/- is paid by the Soldier

Board (both by cheques) to assist the family in performing the last rites in a decent and honorable manner.

The amount will be given on the spot to the next of kin/expended by the Field staff for assisting decent

and honorable last rites of the veterans. In the absence of Next of Kin (NOK) or on the request of the family, the responsibility of organizing the last rites will be taken on by the Field staff detailed from

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Station Headquarters. A photographic record of the event will be maintained for reports and returns/audit purpose. All transactions will be accounted for by the Station HQ (Sub Area Head Quarters, Cubbon Road and the dependent CSD Canteen.

1.     Complete details of LTA and all other issues related to pension can be best understood by reading the DEFENCE PENSION PAYMENT INSTRUCTIONS (Defence PPI), 2005 which can be downloaded from the website http://www.pcdapension.nic.in/dpti/DPPI%20Chapters_complete.pdf

2.    Pages 97 and 98 of the Defence PPI clarify the issue about LTA. Important things are that –

a.    The pensioner must have a joint account with the spouse as explained earlier.

b.    Complete the Form B attached to this email and submit as per instructions there. There is also a mention of Form A on Page 97 but, Form A is applicable when the serving person is about to retire.

3.    Secondly. Hopefully you all must have opened joint pension account with your spouse. If not – please do so without any further delay. Use the form attached to this email for this purpose. Also ensure that the name of spouse appears in the joint account, on the chequebook and the spouse has an independent ATM card.

4.    ENSURE that After Pensioner’s Demise The Life Time Arrears (LTA) are Received by Pensioner’s Spouse/heir.

a.    What is LTA. The simplest example can be taken from the Rank Pay Case of Officers. The arrears are due from 01 Jan 1986. Many officers entitled for these arrears may no longer be alive; in some cases the spouse may also not be alive. The arrears due to such officers should not lapse to the Government but should be received by the spouse or the heir. In case the heir is minor the Guardian should also be nominated and catered for.

b.    Besides the example quoted of Rank Pay Case, there are number of cases where LTA is/will be due to the spouse/heir of All Ranks of the Three Defence Services. Therefore, All Ranks of All Three Services should pay attention to it and give wide publicity to it for benefit  of your friends and acquaintances.More details about LTA are given below.

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LIFE TIME ARREARS (LTA)

FORM-B(Refers to Page 206 Def Pension Payment Instrs 2005)

To

The Pension Disbursing Authority (Bank)

__________________________________Central Bank o

I, _________________________________hereby make the following alternative nomination in cancellation of the all previous nomination made under rule 5 of the payment of Arrears of Pension (Nomination) Rules, 1983.

1 2 3 4 5

Name and Address of the nominee

Relationship with Pensioner

Date of Birth Name and Address of person who may receive the said pension during nominee’s minority

Percentage to be paid

6 7 8 9 10 11

Name and Address of other Nominee in Case the nominee Under column (1) above Pre-deceases the Pensioner.

Relationship with Pensioner

Date of Birth

Name and address of person who may receive the pension during the other nominee’s minority

Contingency on happening of which nomination shall become invalid.

Percentage to be paid

20

Place Signature

Date

Witness Name & Address Date

Place.

Acknowledgement to be sent by the Pension Disbursing Authority/Head of Office

Certified that application/nomination (Form- B) has been received from Rank_______Name_________.

Address

Place Signature of Pension Disbursing Authority Date Central bank of India

46

____________________________________________________________________________________

97

CHAPTER – VII

Nomination and Payment of Life Time Arrears of Pension

Nomination for Payment of Life Time Arrears of pension / gratuity in respectof deceased pensioners

114.1 Any individual who is in receipt of pension or pension would be payable, may nominate any other person who shall receive, after the death of the pensioner, all moneys payable to the pensioner on account of such pension before or after the date of such Nomination and which remain unpaid before the death of the pensioner.

114.2 The pensioner shall submit the Nomination in quadruplicate in Form ‘A’ to Appendix –21 to the Pension Disbursing Authority in person or otherwise and receipt thereof obtained. The Pension Disbursing Authority shall, within thirty days of the receipt of the Nomination get the particulars of the pensioner as mentioned in the

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form verified with reference to the available records and return to the pensioner, after obtaining a receipt thereof, the duplicate copy of the Nomination duly attested by him in this behalf. The triplicate copy shall be sent to the Principal Controller of Defence Accounts (Pensions), while the original copy of the Nomination shall be recorded in the file containing Pension Payment Order and Descriptive Particulars of the pensioner vide Para 16. The fourth copy shall be sent to the following authorities:

1 Commissioned Officers

and their families (Class

I & II pensioners)

 

Army HQrs. AG (Org.-3), DHQ

Post Office, New Delhi, in the

case of Army Officers (Medical

Personnel Record) Service

(Officer) DGAFMS, DHQ Post

Office, New Delhi in the case

AMC/ADC/RVC/MNS, Officers):

Naval HQrs. and Air HQrs. New

Delhi in the case of Navy & Air

Force Officers.

 

2. Personnel below Officer

rank and their families

(Class VI & VII)

pensioners)

 

Respective Record Officer of the

Unit / Corps., in the case of Army

and Bureau of Sailors, Bombay

and Air Force Record office, Delhi

Cantt in the case of Naval and Air

Force personnel respectively.

 

3 Defence Civilians and

their families (Class V

Pensioners)

 

Respective Head of Offices.

 

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  98

114.3 Where an individual submits nomination before his retirement, the third copy of the Nomination Form duly attested by the competent authority, shall be sent to the Pension Disbursing Authority along with Pension Payment Order by the Pension Sanctioning Authority in respect of Class I pensioner and by the respective Record Officers in the case of Class VI pensioners and by the Heads of Offices in the case of Class V pensioners.

114.4 A notice of modification of Nomination including cases where a nominee predeceased  the pensioner shall be submitted in quadruplicate in Form ‘B’ to Appendix-21 to the Pension Disbursing Authority who shall take action mutatis-mutandis as in Para 114.2 above.

114.5 A Nomination or a fresh Nomination or a notice of modification of the Nomination, shall be signed by the pensioner or if he is illiterate, shall bear his thumb impression given in the presence of two witnesses who shall also sign a declaration to that effect in the Nomination, fresh Nomination or notice of modification of Nomination, as the case may be.

 

114.6 Nomination, fresh Nomination or notice of modification of Nomination, shall take effect from the date of receipt thereof by the Pension Disbursing Authority or the competent authority mentioned in Para 114.2 above.

114.7 A Nomination made and accepted by the Pension Disbursing Authority or the competent authority shall be conclusive proof with regard to the person nominated to receive arrears of pension of the pensioner.

114.8 On the first appearance of the pensioner to draw pension, the Pension Disbursing Authority will ascertain from the documents received with the Pension Payment Order whether Nomination in favour of person to whom arrears of pension are to be paid on demise of the claimant has been received duly accepted by the competent authority. If not, he will ask the pensioner to make Nomination on Form A to Appendix- 21 as required vide Para114.2. The Pension Disbursing Authority shall dispose of the Nominations made by the pensioners as per Para114.2 above.

Payment of pension / gratuity in respect of deceased pensioner 115.1 Subject to the provisions of Paras 115.2 and 115.3 below, arrears of pension or gratuity due to the estate of a deceased pensioner, shall be paid as under: (i) To the nominee, if a Nomination as per Para 114 has been made. 

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(ii) In case no Nomination was made or the nomination does not subsist, as per the “Will”, if such a “Will” has been made by the deceased. (iii) failing (i) and (ii) above, ...... and so on ...

 THE END

 Format for intimation of Pensioner’s demise and to whom (to be prepared when the pensioner is in good health)http://finmin.nic.in/the_ministry/dept_expenditure/notification/pension/pensionauthbank.pdfToThe Branch Manager_________________ (Bank)_________________ (Branch and Address)_________________Sub :- Payment of pension under PPO No.___________ through your bank branch.

Dear Sir/Madam,

I wish to receive my pension under PPO No. ______________________ by getting it credited to the saving/current bank account No. ________________ which is operated jointly in your branch by me and my spouse, Mr./Mrs. ____________________ in whose favour an authorization for family pension exists in the Pension Payment Order (PPO).

I have read and understood the contents of the Government of India, Ministry of Finance, Department of Expenditure, Central Pension Accounting Office OM No.CPAO/Tech/Amendment/Sch.Book/2005-06/69 dated 09.06.2005 which contains the following terms and conditions: Once pension has been credited to a pensioner’s bank account, liability of the government/bank ceases. No further liability arises, even if the amount is wrongly drawn by the spouse.

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(a) As pension is payable only during the life of a pensioner, his/her death shall beintimated to the bank at the earliest and in any case within one month of the demise,so that the bank does not continue crediting monthly pension to the joint accountwith the spouse, after the death of the pensioner. If, however, any amount has beenwrongly credited to the joint account, it shall be recoverable from the joint accountand/or any other account held by the pensioner/spouse either individually or jointly.The legal heirs, successors, executors etc., shall also be liable to refund any amount,which has been wrongly credited to the joint account.

(b) Payment of Arrears of Pensions (nomination) Rules, 1983 would continue to beapplicable to the joint account with pensioner’s spouse. Thus. If there is an ‘acceptednomination’ in accordance with Rule 5 and 6 of these Rules, arrears mentioned in theRules will be payable to the nominee.

I accept the above terms and conditions. My spouse too, in token of having acceptedthose terms and conditions, has put his/her signature below.

1. Signature of Pensioner

2 Signature of Spouse

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APPENDIX - 21

(Referred to Defence Pension Payment Rules 2005 in Paras114.2, 114.4 and 114.8) Forms of nomination to receive arrears of pension FORM - A Pension Disbursing Authority/Head of Office(Name of bank/Treasury/Post office/Accounts officer, etc.)

Place: Bangalore PPO No. _________________________________________(To be completed by PSA/PDA) _____________________________________________

I, ……………………………….. hereby nominate the person named below: (Name of the pensioner in Capital letters)Name & address of other nominee in case the nominee under column (1) predeceases the pensioner ____________________________

Relation ship with pensioner_________________________________________

Name and address of the nominee

Relationship withthe pensioner

If nominee is

minor

Name & address of othernominee in case the nomineeunder column (1) predeceasesthe pensioner

Relationshipwithpensioner

Date of birth If the othernominee isminor

Name & address ofperson who mayreceive the pensionduring the othernominee’s minority

Contingencyonhappening ofwhichnominationshall becomeinvalid.

1 2 3 4 5 6 7 8 9

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Place……………………Date:………………….. Signature and name of pensioner.

Witness: Signature………………..Address:…………………………Name and Address: Signature of Pension Disbursing Authority / Head of office.

Acknowledgement to be sent by the Pension Disbursing Authority / Head of Office.

Certified that application / nomination (Form A)has been received from ……………………………(Name of pensioner) whose address is ………………………

Place…………………… Signature of Pension Disbursing

Date:………………….. Authority / Bank /Treasury / Post Office / Accounts Officer Head of

Office……………………………

Full Address………………………..

LIFE TIME ARREARS (LTA)

FORM-B(Refers to Page 206 Def Pension Payment Instrs 2005)

To

The Pension Disbursing Authority (Bank)

27

__________________________________Central Bank o

I, _________________________________hereby make the following alternative nomination in cancellation of the all previous nomination made under rule 5 of the payment of Arrears of Pension (Nomination) Rules, 1983.

1 2 3 4 5

Name and Address of the nominee

Relationship with Pensioner

Date of Birth Name and Address of person who may receive the said pension during nominee’s minority

Percentage to be paid

6 7 8 9 10 11

Name and Address of other Nominee in Case the nominee Under column (1) above Pre-deceases the Pensioner.

Relationship with Pensioner

Date of Birth

Name and address of person who may receive the pension during the other nominee’s minority

Contingency on happening of which nomination shall become invalid.

Percentage to be paid

Place Signature

Date

Witness Name & Address Date

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Place.

Acknowledgement to be sent by the Pension Disbursing Authority/Head of Office

Certified that application/nomination (Form- B) has been received from Rank_______Name_________.

Address

Place Signature of Pension Disbursing Authority Date Central bank of India -------____________________ --------------------------- 46

Notes:

(a) Ordinary Family Pension at Enhanced Rate. In case the officer dies within 7 years of retirement or before completing the age of 67 years, the widow is paid Family Pension at enhanced rate which is

double the rate of ordinary Family Pension as given above, for a maximum period of 7 years or till the officer would have attained the age of 67 years, whichever is earlier, subject to a maximum last pay

drawn.

(b) Crediting of pension in joint account. With effect from 09 Jun 2005 crediting of pension in the joint account has been authorized. The pensioners shall now have the option to get their pension credited to

their saving accounts operated jointly with their spouses. Those who do not have joint account can do so now.

Benefit to NOK in case of death of officers after retirement (Is amended to upward benefit)

Extended Insurance Scheme. Extended Insurance (EI) scheme was implemented with effect from 01 Jan 81. It is a term insurance which provides only risk cover during the period of policy and there is NO saving or survival benefit. The insurance cover and period of cover vary from Rs. 65,000/- to Rs. 4,00,000/- and 15 yrs to 25 yrs

years depending on the date of retirement. The Extended Insurance cover for those members who have retired with effect from 31 Dec 2004 is Rs. 4 lac and Rs. 2 lac for officers and PBOR respectively which is upto

25 yrs after retirement or 75 years of age whichever is earlier.

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