Only such person who is entitled under the Pension Scheme can avail the benefit
Family pension is not to be treated as asset of the diseased and therefore he cannot decide as to who shall receive the same upon his death or that who shall not so receive.
Though no doubt a person in his lifetime can make such decision about his other self acquired property or if he does not so, all the legal heirs under Section-8 Hindu Succession Act or as per prevailing law for that person as the case may be, can take share in the property upon death of such person.
Since however, family pension cannot be treated as asset, the rule aforesaid cannot apply and the family pension has to follow the scheme under which the same is granted.
Therefore, only such person who is entitled under the scheme can avail the benefit thereof.
This is recently held by the Hon’ble Supreme Court in Neetu vs Sheela 28.09.2016.