Dear All,
We faced the biggest problem with one of our employees' deaths last month in November 2011. He got married in August 2010, but he did not change his nomination after marriage. Currently, he has a family, which includes his wife and his 5-month-old child. However, in the PF Nomination Form 2, he nominated his mother. Upon thorough study of the regulations, we found that if a member has a family at the time of making a nomination, the nomination should be in favor of one or more persons belonging to his family. Any nomination made in favor of a person not belonging to his family by such a member shall be considered invalid. It is mandated that a member must make a fresh nomination upon marriage, rendering any nomination made before such marriage as invalid.
From India, Thana
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14We faced the biggest problem with one of our employees' deaths last month in November 2011. He got married in August 2010, but he did not change his nomination after marriage. Currently, he has a family, which includes his wife and his 5-month-old child. However, in the PF Nomination Form 2, he nominated his mother. Upon thorough study of the regulations, we found that if a member has a family at the time of making a nomination, the nomination should be in favor of one or more persons belonging to his family. Any nomination made in favor of a person not belonging to his family by such a member shall be considered invalid. It is mandated that a member must make a fresh nomination upon marriage, rendering any nomination made before such marriage as invalid.
From India, Thana
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Dear Kishore,
It is always considered that for unmarried persons, the nominee will be the father and/or mother. For married persons, the nominee will be the wife, children, and then parents. If the legal heir of the deceased is available, then the wife and 2 other members will be entitled to the PF Pension. That's the reason we used to prioritize giving the pension to the wife, the youngest 2 children, or the mother, and then finally to the father and the eldest son.
Thank you, Kishore, for providing valuable information to our members.
From India, Kumbakonam
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It is always considered that for unmarried persons, the nominee will be the father and/or mother. For married persons, the nominee will be the wife, children, and then parents. If the legal heir of the deceased is available, then the wife and 2 other members will be entitled to the PF Pension. That's the reason we used to prioritize giving the pension to the wife, the youngest 2 children, or the mother, and then finally to the father and the eldest son.
Thank you, Kishore, for providing valuable information to our members.
From India, Kumbakonam
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Hi Kishor,
In my opinion, we need to understand the sentence once again. Provided that a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid.
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination is made after marriage (see the word "provided"). In case no nomination is made after marriage, then the nomination made before marriage shall stand valid.
From India, Mumbai
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In my opinion, we need to understand the sentence once again. Provided that a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid.
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination is made after marriage (see the word "provided"). In case no nomination is made after marriage, then the nomination made before marriage shall stand valid.
From India, Mumbai
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Dear Kishor, Can you please quote specific paragraph No and Clause No of the Act wherein it is mandatory to change the nominee after marriage of the employee? Thanks, DVD
From India, Bangalore
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From India, Bangalore
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If a member is married and even if no fresh nomination is submitted, the wife automatically becomes the nominee, and any nomination made prior to his marriage is invalid. Hence, the wife and the child are eligible to receive his PF amount after the sad demise of the member.
From India, Delhi
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From India, Delhi
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Whether there is any nomination or not, a legally wedded wife becomes the legal heir and, thus, the legal claimant for PF benefits in case of the death of an employee. This has been confirmed in a number of judgments delivered by courts in India.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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I think it is not yet clarified because usually in my older company, as soon as an employee gets married, we used to give him fresh nomination forms so that he can change the nomination and give if he wishes. But if he does not submit a nomination after marriage, his parents/persons who are mentioned in the first nomination form will be valid. Because a wife can kill a husband for money and take/claim PF benefits also.
From India, Madras
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From India, Madras
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If wife goes to court against the decision of the company, company will be in trouble. The theory of legal heir is applicable in all circumstances.
From India, Pune
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From India, Pune
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I agree with Mr. Kamal. Whether the previous nomination was done for any number of persons, if a member gets married, then his previous nomination will become invalid, and his wife will be his legal heir and the sole claimant of PF benefits, despite the fact that he has not nominated her. As rightly informed by Mr. Kamal, different courts have given judgments on this.
However, in the case of Gratuity in a similar type of case, the court has ordered 50% of the amount of gratuity for nominated persons and 50% for the wife. But in the case of PF, a widow will be the sole claimant of PF benefits in the event of the death of an employee.
Regards,
Jawed Alam.
From India, Dhanbad
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However, in the case of Gratuity in a similar type of case, the court has ordered 50% of the amount of gratuity for nominated persons and 50% for the wife. But in the case of PF, a widow will be the sole claimant of PF benefits in the event of the death of an employee.
Regards,
Jawed Alam.
From India, Dhanbad
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Dear All Wellwisher,
As per our topic, I just have a big query. In case an employee's family, including his father, mother, and wife, are all dependent on him, and the benefits go only to his spouse, what about his father and mother when they don't have good coordination with his wife?
Kindly, please suggest any case laws.
From India, Thana
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As per our topic, I just have a big query. In case an employee's family, including his father, mother, and wife, are all dependent on him, and the benefits go only to his spouse, what about his father and mother when they don't have good coordination with his wife?
Kindly, please suggest any case laws.
From India, Thana
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Dear All,
Let me clarify the purpose of the nomination and the right of the nominee.
Purpose of Nomination: The nomination is done by a person to bring clarity as to who should RECEIVE the benefit/money in case of the death of such a person.
Right of the Nominee: The Nominee is the receiver of the money or the benefit and not the owner or legal heir. A person who is not a relative to the employee/person can be the nominee, but that nominee shall be returning that money to the legal heir of the employee/person or whomsoever is legally entitled as per the will of the employee/person. In such a case, the property or the money shall be disbursed as per person succession law.
From India, New Delhi
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Let me clarify the purpose of the nomination and the right of the nominee.
Purpose of Nomination: The nomination is done by a person to bring clarity as to who should RECEIVE the benefit/money in case of the death of such a person.
Right of the Nominee: The Nominee is the receiver of the money or the benefit and not the owner or legal heir. A person who is not a relative to the employee/person can be the nominee, but that nominee shall be returning that money to the legal heir of the employee/person or whomsoever is legally entitled as per the will of the employee/person. In such a case, the property or the money shall be disbursed as per person succession law.
From India, New Delhi
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According to the Hindu Succession Act, the wife, mother and certain other heirs are entitled to their own shares if the deceased had died without writing a will. regards, Kamal
From India, Pune
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From India, Pune
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In 1999, the Supreme Court, while hearing an appeal against the MP High Court judgment, ruled that 'Wife's PF Rights Not Destroyed Due to Mother's Nomination'.
The Supreme Court ruled that a wife's succession right does not get destroyed merely because the husband, prior to the marriage, had made his mother the nominee for his provident fund and other retirement benefits.
"In view of the clear legal position, it is made abundantly clear that the amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with the law of succession governing them," the court said.
Regards,
Kamal
From India, Pune
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The Supreme Court ruled that a wife's succession right does not get destroyed merely because the husband, prior to the marriage, had made his mother the nominee for his provident fund and other retirement benefits.
"In view of the clear legal position, it is made abundantly clear that the amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with the law of succession governing them," the court said.
Regards,
Kamal
From India, Pune
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Dear all,
I have one more doubt regarding the PF claims in the case of a person where the nomination has not been submitted. We have a case where one of our employees died, and his nomination has not been submitted. He is single and not married, so please guide me regarding this case.
Regards,
Venkat.
From India, Vijayawada
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I have one more doubt regarding the PF claims in the case of a person where the nomination has not been submitted. We have a case where one of our employees died, and his nomination has not been submitted. He is single and not married, so please guide me regarding this case.
Regards,
Venkat.
From India, Vijayawada
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Dear Venkat,
Please check the family details provided by him at the time of joining the organization. Kindly inform the same person and address about his passing. Instruct the individuals who have received the assets of your employee to present the legal heir certificate, birth certificate/age proof of legal heirs, and provide them with copies of Form 10D, Form 20, EDLI Claim Forms. Ask them to fill out the forms and submit them along with a xerox copy of the legal heirs' Bank Passbook, photos, etc., and forward the documentation to the appropriate PF Office.
From India, Kumbakonam
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Please check the family details provided by him at the time of joining the organization. Kindly inform the same person and address about his passing. Instruct the individuals who have received the assets of your employee to present the legal heir certificate, birth certificate/age proof of legal heirs, and provide them with copies of Form 10D, Form 20, EDLI Claim Forms. Ask them to fill out the forms and submit them along with a xerox copy of the legal heirs' Bank Passbook, photos, etc., and forward the documentation to the appropriate PF Office.
From India, Kumbakonam
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Wife and children cannot lose their right to a pension and other benefits under the EPF Act if the employer has not submitted a fresh nomination to the EPF Organization after the member's marriage. In other words, non-submission of a fresh nomination after marriage will not disqualify them from receiving benefits under the EPF Act.
When the employer sends the Claim Forms along with the death certificate and the legal heir certificate, they need to attach a letter certifying the nominees; this will address the issue of non-submission of a fresh nomination. In case of any doubts regarding such matters, it is advisable to directly contact the EPF Regional/sub-regional Office to receive accurate advice.
Sanu Soman
HR Manager, Chennai
From India, Madras
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When the employer sends the Claim Forms along with the death certificate and the legal heir certificate, they need to attach a letter certifying the nominees; this will address the issue of non-submission of a fresh nomination. In case of any doubts regarding such matters, it is advisable to directly contact the EPF Regional/sub-regional Office to receive accurate advice.
Sanu Soman
HR Manager, Chennai
From India, Madras
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Which form needs to be filled out in case of changing the nominee after marriage for EPF?
Which form needs to be filled out for Gratuity as per the Gratuity Act after completing one year of service?
Which form needs to be filled out in case of changing the nominee after marriage for gratuity?
Regards,
Prashant (HR-Executive)
From India, Mumbai
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Which form needs to be filled out for Gratuity as per the Gratuity Act after completing one year of service?
Which form needs to be filled out in case of changing the nominee after marriage for gratuity?
Regards,
Prashant (HR-Executive)
From India, Mumbai
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Dear Sir,
My sister's husband passed away on 24/12/2011 during treatment. This is my sister's second marriage. According to the office records, the nominee for the PF account is her husband's mother. The marriage certificate is available. After the marriage, the default nominee for the pension is my sister. However, during the submission of the PF withdrawal and pension form, one declaration was signed by my sister stating that the pension is to be transferred to her mother-in-law.
Due to a dispute over sharing various amounts, my sister wishes to hold the application for PF withdrawal and pension. If not, the PF amount cheque will be issued to her mother-in-law, and my sister would not receive anything.
If it is possible to hold the application, please advise us on the procedure to do so and how to claim the PF amount. My sister does not have any children.
Please guide us on the correct course of action.
Best Regards,
Vijay Kumar
8007850330
From India, Mumbai
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My sister's husband passed away on 24/12/2011 during treatment. This is my sister's second marriage. According to the office records, the nominee for the PF account is her husband's mother. The marriage certificate is available. After the marriage, the default nominee for the pension is my sister. However, during the submission of the PF withdrawal and pension form, one declaration was signed by my sister stating that the pension is to be transferred to her mother-in-law.
Due to a dispute over sharing various amounts, my sister wishes to hold the application for PF withdrawal and pension. If not, the PF amount cheque will be issued to her mother-in-law, and my sister would not receive anything.
If it is possible to hold the application, please advise us on the procedure to do so and how to claim the PF amount. My sister does not have any children.
Please guide us on the correct course of action.
Best Regards,
Vijay Kumar
8007850330
From India, Mumbai
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Dear,
I have one doubt regarding the P.F. claim in the case of a person where the nomination has not been submitted in Form No. 2 to the SRO P.F. We have a case where one staff member died (natural) and his nomination has not been submitted to the P.F. office. He is married, so please give me full guidelines regarding this case.
S.M. Kshirsagar
Senior Executive - H.R.
From India, Nasik
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I have one doubt regarding the P.F. claim in the case of a person where the nomination has not been submitted in Form No. 2 to the SRO P.F. We have a case where one staff member died (natural) and his nomination has not been submitted to the P.F. office. He is married, so please give me full guidelines regarding this case.
S.M. Kshirsagar
Senior Executive - H.R.
From India, Nasik
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Hi, my cousin died in November 2014, leaving behind his wife and dependent parents. His parents are seeking a claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR department of my cousin's company has written a note to his wife to provide the required documents in case she wants to claim the PF amount. However, his wife has not provided it to date. The company is not approving his parents' claim for PF, fearing it will create a legal problem for them.
Please let us know if there is a way by which his parents can submit their claim for his PF amount, and if yes, what's the procedure.
Regards,
Surya Rout
From India, Delhi
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Please let us know if there is a way by which his parents can submit their claim for his PF amount, and if yes, what's the procedure.
Regards,
Surya Rout
From India, Delhi
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Dear Mr. Patil, Make her wife to get LRS Certificate (legal representative) under order 22 of Civil Procedure Code from the court. Submit that certificate to the PF office.
From India, Kolhapur
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From India, Kolhapur
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Hi, my cousin died in November 2014, leaving behind his wife and dependent parents. His parents are seeking to claim his PF account as he had his mother as a nominee. However, his wife has severed all ties with his family. The HR department of my cousin's company has written a note to his wife, requesting the necessary documents in case she wishes to claim the PF amount. Unfortunately, his wife has not provided the required documents to date. Consequently, the company is hesitant to approve his parents' claim for the PF due to concerns about potential legal issues arising.
Please let us know if there is a way for his parents to submit their claim for his PF amount, and if so, what is the procedure.
Regards,
Surya Rout
From India, Delhi
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Please let us know if there is a way for his parents to submit their claim for his PF amount, and if so, what is the procedure.
Regards,
Surya Rout
From India, Delhi
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The parents of the employee will have to get a succession certificate to obtain the PF amounts.
A nominee is a person who holds the funds of the deceased on behalf of all entitled persons. A succession certificate will be required in such cases.
From India, Pune
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A nominee is a person who holds the funds of the deceased on behalf of all entitled persons. A succession certificate will be required in such cases.
From India, Pune
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As stated in the above-referred thread "succession certificate by widow to claim of amount" in the post dated 9.4.2015, PF is payable to family members as defined under para 2(g) of the EPF Scheme. Then, under para 70(ii) of the scheme, it is payable in equal shares among family members. Even if a dependent mother is the nominee, she still has to distribute the shares equally among all legal heirs as defined under para 2(g). In case there are no family members, then resort is to be taken under para 70(iii) for which there will be a requirement of a succession certificate. Please refer to the decision cited in an earlier post wherein despite the succession certificate, the PF was given to family members defined under para 2(g). It is a different matter that the widow may obtain a mandatory injunction against the nominee to get her share out of PF dues by asking for interim injunction also from the civil court.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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One of our employees passed away last month, November 2015. However, in the nomination for the Provident Fund (P.F.), his husband's name is incorrectly listed as his father. The names are the same, but the relationship should be shown as husband instead of father.
To resolve this issue, you should contact the Provident Fund office and inform them of the error in the nomination details. They will guide you on the necessary steps to correct the information.
If you are unsure about the required forms or procedures, you can ask for assistance from the Provident Fund office or consult with your HR department for guidance. It's essential to ensure that the correct details are updated to avoid any future complications.
From India, Delhi
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To resolve this issue, you should contact the Provident Fund office and inform them of the error in the nomination details. They will guide you on the necessary steps to correct the information.
If you are unsure about the required forms or procedures, you can ask for assistance from the Provident Fund office or consult with your HR department for guidance. It's essential to ensure that the correct details are updated to avoid any future complications.
From India, Delhi
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Except for 
, every post has some incorrect assumptions about the topic being discussed. The correct position can be explained as below:
1. In an event where PF nomination was made prior to marriage in favor of the Mother and/or Father, and the deceased did not amend the nomination post-marriage in favor of the wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (refer to para 70(1) with para 61 of the EPF scheme).
2. As per the Supreme Court judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominee's right to receive PF accumulation is merely a right as an agent to receive such payment. However, beneficiary rights over the payment will be as per the Succession Act. Both the Mother and Wife, being Class 1 successors as per the Hindu Succession Act, will be entitled to an equal share in PF accumulation, regardless of who receives the payment as per the nomination. Nevertheless, the employer, by making the payment as per the nomination form, would have validly discharged its obligation.
3. In case no nomination form is available, the payment can be disbursed to the successor as per Section 8 of the Hindu Succession Act, subject to mutual agreement and indemnity in favor of the Employer to be signed and submitted by the beneficiaries.
Trust the above clarifies.
From India, Udaipur
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1. In an event where PF nomination was made prior to marriage in favor of the Mother and/or Father, and the deceased did not amend the nomination post-marriage in favor of the wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (refer to para 70(1) with para 61 of the EPF scheme).
2. As per the Supreme Court judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominee's right to receive PF accumulation is merely a right as an agent to receive such payment. However, beneficiary rights over the payment will be as per the Succession Act. Both the Mother and Wife, being Class 1 successors as per the Hindu Succession Act, will be entitled to an equal share in PF accumulation, regardless of who receives the payment as per the nomination. Nevertheless, the employer, by making the payment as per the nomination form, would have validly discharged its obligation.
3. In case no nomination form is available, the payment can be disbursed to the successor as per Section 8 of the Hindu Succession Act, subject to mutual agreement and indemnity in favor of the Employer to be signed and submitted by the beneficiaries.
Trust the above clarifies.
From India, Udaipur
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Sir, my wife was a state govt. servant in Rajasthan. She passed away 6 months ago. When she joined the service, she was unmarried and had nominated her father (who was also a govt. servant) for her General Provident Fund. After a few years, she married me, but the nomination could not be revised or resubmitted due to a lack of knowledge. Now, following her death, I have submitted a death claim for the GPF in the SIPF department. The department is requesting family details for the Drawing and Disbursing Officer (DDO) of my wife. Please clarify whether the nomination made before marriage would be considered invalid or valid. Is my claim as the husband of the deceased employee valid or not? What should I do in this matter?
From India, Jaipur
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From India, Jaipur
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Dear Mr. Kamal and Mr. Jawed Alam,
My brother-in-law passed away on 17th January 2020. We do not know if the company provided him with a new nomination form for his PF. However, he married my sister on 21st May 2018, and we have the marriage certificate to prove it. In his death certificate, her name has been mentioned as his wife. My sister has taken on the responsibility of paying all his debts. I would like to inquire if she is eligible to claim the PF and other settlements from the company where my brother-in-law worked. Additionally, I would appreciate information on the benefits she can claim. Please be aware that her in-laws are not supportive, and she is currently two months pregnant.
Thank you.
From India, Bengaluru
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My brother-in-law passed away on 17th January 2020. We do not know if the company provided him with a new nomination form for his PF. However, he married my sister on 21st May 2018, and we have the marriage certificate to prove it. In his death certificate, her name has been mentioned as his wife. My sister has taken on the responsibility of paying all his debts. I would like to inquire if she is eligible to claim the PF and other settlements from the company where my brother-in-law worked. Additionally, I would appreciate information on the benefits she can claim. Please be aware that her in-laws are not supportive, and she is currently two months pregnant.
Thank you.
From India, Bengaluru
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I would like to contribute to the thoughts as I perceive to be correct. First of all, nominations and entitlements are different. Nomination is only the authority to receive the benefit. In PF, only family members defined under Scheme, 1952 can be nominated. The nominees may or may not be the actual persons entitled to receive the benefits. The said nominees are legally bound to part with the amount to the persons legally entitled. If they do not, then the legal heirs/successors can sue them and recover from them.
The decisions of courts of law cited by all learned members are pertaining to the second aspect of the issue, i.e., who are entitled to ultimately receive and enjoy the benefits as legal heirs/successors. It depends on the personal law of the parties in non-testamentary succession. As an employer, if the nomination is valid, the payment to the said nominee discharges his obligation. But if no nomination exists or is invalid, then the employer may require a legal heirship certificate/succession certificate to ascertain who is actually entitled to receive the benefits.
The rules under EPF Scheme, 1952 guide the way forward in many situations. Rule 61 deals with nominations. Proviso to Rule 61(3) says, "a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid." There are two parts to this rule - one mandates the member to make a fresh nomination after marriage, and the second invalidates the earlier nomination if one such nomination is made.
The interpretation of this proviso is relevant and assumes great significance. One view is that only if such a fresh nomination is made by the member after marriage, the earlier nomination will become invalid; otherwise, it will be valid. The other view is that marriage makes the earlier nomination invalid, and it is mandatory for the member to file a fresh nomination after marriage. I go with the latter view.
According to me, there is a purpose behind inserting a proviso to Rule 61(3), which is a mandatory action by the member after marriage; otherwise, the said proviso will become nugatory, and the legislative intention is to make a fresh decision by the member. If this proviso is read as "not making the earlier nomination invalid despite marriage," then there was no need for putting this proviso in the statute book as the change of nomination by the member is already provided in 61(5).
I have not found any judgment on this aspect in either way. If anybody has, the same may be shared, and a view may be taken accordingly. Now in the case of no valid nomination, Rule 70(ii) applies. It says the payment shall be made to the family members in equal shares. You may need a family membership certificate issued by the authority, but take care to see that a major son is excluded, married daughter is excluded, etc., mentioned in the proviso to Rule 70(ii). PF Rules take care of most situations.
Lastly, Rule 70(iii) says if otherwise, payment shall be made to the persons legally entitled. In this scenario, the employer needs to have a legal heirship certificate/succession certificate for disbursement.
From India, New Delhi
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The decisions of courts of law cited by all learned members are pertaining to the second aspect of the issue, i.e., who are entitled to ultimately receive and enjoy the benefits as legal heirs/successors. It depends on the personal law of the parties in non-testamentary succession. As an employer, if the nomination is valid, the payment to the said nominee discharges his obligation. But if no nomination exists or is invalid, then the employer may require a legal heirship certificate/succession certificate to ascertain who is actually entitled to receive the benefits.
The rules under EPF Scheme, 1952 guide the way forward in many situations. Rule 61 deals with nominations. Proviso to Rule 61(3) says, "a fresh nomination shall be made by the member on his marriage, and any nomination made before such marriage shall be deemed invalid." There are two parts to this rule - one mandates the member to make a fresh nomination after marriage, and the second invalidates the earlier nomination if one such nomination is made.
The interpretation of this proviso is relevant and assumes great significance. One view is that only if such a fresh nomination is made by the member after marriage, the earlier nomination will become invalid; otherwise, it will be valid. The other view is that marriage makes the earlier nomination invalid, and it is mandatory for the member to file a fresh nomination after marriage. I go with the latter view.
According to me, there is a purpose behind inserting a proviso to Rule 61(3), which is a mandatory action by the member after marriage; otherwise, the said proviso will become nugatory, and the legislative intention is to make a fresh decision by the member. If this proviso is read as "not making the earlier nomination invalid despite marriage," then there was no need for putting this proviso in the statute book as the change of nomination by the member is already provided in 61(5).
I have not found any judgment on this aspect in either way. If anybody has, the same may be shared, and a view may be taken accordingly. Now in the case of no valid nomination, Rule 70(ii) applies. It says the payment shall be made to the family members in equal shares. You may need a family membership certificate issued by the authority, but take care to see that a major son is excluded, married daughter is excluded, etc., mentioned in the proviso to Rule 70(ii). PF Rules take care of most situations.
Lastly, Rule 70(iii) says if otherwise, payment shall be made to the persons legally entitled. In this scenario, the employer needs to have a legal heirship certificate/succession certificate for disbursement.
From India, New Delhi
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