Family Pension to Unmarried Daughter in India

You are a girl, this is not your permanent home. You will be married off to another home which is going to be your rightful nest. This mentality often invites a plethora of doubts and queries when a girl’s entitlement to parents’ or family property is being discussed. It is a traditional thought process that whatever belongs to the parents has to be passed over to their sons, while completely ignoring daughters. However, times are changing for good. With daughters being the rightful coparceners like sons, they have equal rights like sons for what is left behind by the parents after death. 

Similarly, unmarried, widowed and divorced daughters also have rights in their parents’ pension after they die a pensioner or even being an employee of the central government or otherwise. Given below are some rules surrounding family pension to unmarried daughters. 

Family Pension Rules After Death of Pensioner

When a person starts with a government job, there are numerous perks. One of them is a family pension after their departure from the physical world. 

As per authorities, the pension scheme under Rule 54 of Central Civil Services (Pension) Rules, 1972 is in the nature of social welfare scheme. The same is framed to postulate monetary relief to widowed spouses or children of the deceased employee or pensioner, as the case may be. They must be financially dependent and should not be earning more than a fixed particular amount on a monthly basis. The scheme does not require employees to contribute anything for family pension, hence, lack any control as well. 

It may be noted that no other person except the ones mentioned in the rules can be eligible for family pension. As per rules, who is eligible or entitled to family pension can not be decided through succession or legal heirship certificates as well. Thus, the central government employee or pensioner can not nominate anyone in this regard. 

Sub Rule 6 of Rule 54 provides the relations entitled to family pension

• Spouse
• Children
• Parents
• Disabled Siblings

Conditions for Unmarried Daughter’s Right in Family Pension

The eligibility for family pension to unmarried daughter in family pension has been pointed below. It should be noted that the same applies to eligibility for children of employees in central civil services. In case of any confusion regarding who is not eligible for family pension, the family lawyers may be approached. If a daughter fails to comply with any one of the following, she becomes ineligible to receive the family pension. 

• Eligibility for Unmarried Daughter (Sub rule 6(iii) of Rule 54)

An unmarried daughter is entitled to family pension until she gets married or starts earning for livelihood, whichever event comes first.

• Order of Birth (Sub rule 8(iii) of Rule 54)

Family pension is payable to children in the order of birth. Hence, if the unmarried daughter is the eldest among siblings, she is entitled to receive family pension if parents are not alive. However, if the unmarried daughter is younger among siblings but the elder ones are ineligible as per the rules, in that case family pension to unmarried daughter is lawful even after the age of 25 years.

•  Twins (Sub rule 7(d) of Rule 54)

If an unmarried daughter has a twin sister or daughter, the amount is divided equally among the siblings.

• Two Pensions (Sub rule 11 of Rule 54)

If both the parents, i.e. mother and father of the surviving unmarried daughter are/ were governed under the Family Pension 1964 rules, she is entitled to two pensions under both their names. 

• Family Pension Not Income 

In case the unmarried daughter is the beneficiary of an existing family pension scheme, the amount is not counted under her income for the purposes of eligibility for second family pension.  

• Adopted Child of Spouse

Family pension to unmarried daughter can be denied if she is the adopted child of the spouse of the pensioner. Hence, if a man dies leaving behind his widow who adopted a baby girl, such a daughter is not entitled to the family pension of the man after his widow’s death.

• Disabled Daughter (Sub rule 6 of Rule 54)

In case of mental or physical disability of unmarried daughter of a deceased government servant, family pension is payable till lifetime even after marriage or after attaining the age of 25 years.

• Pension for Minor Daughter

If the unmarried daughter is minor as well, payment of family pension will be done through the guardian.

• Divorced Parent

If the deceased parent of an unmarried daughter had filed for divorce from a spouse whose proceedings may have concluded after death, in such case she is entitled to family pension. However, it will commence from the date of divorce granted.

Payment of Family Pension

The family pension rules after death of pensioner need to be followed on when and how much pension is payable. The main factor governing the amount is the last drawn salary of the deceased person.

• The family pension is fixed and paid on a monthly basis in whole rupees. 
• If the government employee dies in service, i.e. before retirement, the amount payable under family scheme is 50% of the last drawn pay. Such amount will be payable for a period of 10 years, after which, it will be reduced at a rate of 30% of the last drawn salary.
• If the government pensioner dies, 50% of family pension shall be paid for a period of 7 years. Such payment continues following the date of death or until the pensioner would have attained the age of 67 years. After that, the family pension is paid at the rate of 30% of last pay.

Documents for Family Pension

An unmarried daughter, or for that matter, anyone in the family who survives the death of a government servant will have to undergo certain formalities for grant of pension. Given below are the documents required for grant of family pension to unmarried daughter:

• Duly filled appropriate form for claim of family pension to unmarried daughter
• Recent photographs duly attested by a Gazetted Officer
• Copy of Death Certificate Father / Mother (as applicable) 
• Copy of Aadhaar Card & PAN Card of applicant.
• Copy of Birth Certificate/ Matriculation Certificate of Applicant
• Photocopy of Bank Passbook/ Cancelled Cheque of applicant
• Permanent & Present Correspondence address with Telephone No. and email id
• Unemployment and unmarried certificate duly signed by Municipal/ Panchayat/ Revenue Authority and duly countersigned by a District Sainik Welfare Officer
• Income certificate of the applicant issued by the concerned district’s Revenue Officer
• An original affidavit sworn before First Class Magistrate from brother/ sister stating that he has no objection to the family pension being granted
• An affidavit sworn before First Class Magistrate indicating current marital and employment status of the applicant
• Copy of Pension Payment Order (PPO)