Dear forum,
I have a query, please solve my problem. If the nomination (before marriage) in PF and Gratuity is in my husband's mother's name, who will be eligible for PF and Gratuity? He did not change the nomination to my name after marriage (he overlooked it). My in-laws are rich enough; they really don't need our money, but they want to make it difficult for me to claim terminal benefits.
Please let me know. I will be thankful to you all.
From India, Bangalore
Acknowledge(0)
Amend(0)
I have a query, please solve my problem. If the nomination (before marriage) in PF and Gratuity is in my husband's mother's name, who will be eligible for PF and Gratuity? He did not change the nomination to my name after marriage (he overlooked it). My in-laws are rich enough; they really don't need our money, but they want to make it difficult for me to claim terminal benefits.
Please let me know. I will be thankful to you all.
From India, Bangalore
Acknowledge(0)Amend(0)
you can claim from all statutory offices e.g., EPF, EPS , ESIC etc. Whoever is the nominee in the past but after marriage wife is the immediate nominee and beneficiary.
From India, Jamshedpur
Acknowledge(0)Amend(0)
From India, Jamshedpur
Acknowledge(0)Amend(0)
I agree with Amit Thakkar, sir. Your husband should update the nominee details in his company's HRM by filling out Form-2 (for PF) and Form-F (for Gratuity) again. Regarding the ACT, after marriage, the spouse becomes the nominee for all statutory records.
Regards,
Sandeep Kumar Dwivedi
From India, Delhi
Acknowledge(0)Amend(0)
7Regards,
Sandeep Kumar Dwivedi
From India, Delhi
Acknowledge(0)Amend(0)
Thank you all for the quick response.
But the company HR informed me that the mother of my husband is also eligible for some share of PF and gratuity. Is that correct? Are parents also eligible for the group insurance scheme? The company is also telling me that if they get a succession certificate, they are eligible for all the terminal benefits.
As per my knowledge, it cannot be possible. Please clarify this for me.
Thank you all.
From India, Bangalore
Acknowledge(0)Amend(0)
But the company HR informed me that the mother of my husband is also eligible for some share of PF and gratuity. Is that correct? Are parents also eligible for the group insurance scheme? The company is also telling me that if they get a succession certificate, they are eligible for all the terminal benefits.
As per my knowledge, it cannot be possible. Please clarify this for me.
Thank you all.
From India, Bangalore
Acknowledge(0)Amend(0)
Unless it is declared in the nomination form that the payable amount is to be shared as a percentage among everyone, the payment should be made only to the spouse. For added security, you can submit a legal heir certificate to the company along with your claim form.
M. Suriyanarayanan Sr. Manager - HR
From India, Madras
Acknowledge(0)Amend(0)
M. Suriyanarayanan Sr. Manager - HR
From India, Madras
Acknowledge(0)Amend(0)
Hi, Mr. Suriyanarayanan, sir,
In Gratuity and PF, he put his mother's name, but it happened before marriage. After marriage, he did not change it to my name. I got my legal heir certificate, but HR said that the parents of my husband are also eligible for all the benefits payable by the company if they get a succession certificate.
Please clarify this for me.
Thank you.
From India, Bangalore
Acknowledge(0)Amend(0)
In Gratuity and PF, he put his mother's name, but it happened before marriage. After marriage, he did not change it to my name. I got my legal heir certificate, but HR said that the parents of my husband are also eligible for all the benefits payable by the company if they get a succession certificate.
Please clarify this for me.
Thank you.
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Madam,
Any nomination made before marriage will be superseded once he gets married, and his spouse will be the nominee in all respects. However, if your husband provides a nomination after the marriage date, then your in-law is also a party to this settlement based on the percentage he specifies on the Nomination Forms.
I hope this clarifies the situation.
Regards,
Suriyanarayanan
From India, Madras
Acknowledge(0)Amend(0)
Any nomination made before marriage will be superseded once he gets married, and his spouse will be the nominee in all respects. However, if your husband provides a nomination after the marriage date, then your in-law is also a party to this settlement based on the percentage he specifies on the Nomination Forms.
I hope this clarifies the situation.
Regards,
Suriyanarayanan
From India, Madras
Acknowledge(0)Amend(0)
dear mam, even if your husband give nomination in the name of anybody before marriage, as per indian law wife becomes automatic nominee after marriage. so u do not worry at all. regards 76146
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear,
The issue of payment of PF and gratuity in case the employee has not nominated the spouse is a vexed question that has baffled many of us. Having dealt with such matters in the past, I venture to address this issue:
For PF
1. Nomination could be made of any person from the family or outside of the employee at the time of initial employment. But such nomination is not valid after marriage. So the nomination of a mother-in-law made at the time of initial employment is deemed to be invalid (See proviso to Para 61(3) of EPF Scheme).
2. If the employee, after marriage, makes a nomination of any member of his family (read as spouse, children married or unmarried, dependent parents, deceased son's widow and children, and for female employees in addition her dependent in-laws), then such nomination is valid. So even after marriage, a fresh nomination could be made nominating the mother or children as a nominee.
Gratuity
1. In the Payment of Gratuity Act, there is no statutory compulsion making it necessary for the employee to file a fresh nomination after marriage. Hence the nomination made in favor of the mother-in-law is valid.
In such matters, what we have tried is to bring a mutual settlement between the wife and in-laws on apportioning the benefits so that precious time and money is not lost in litigation proceedings. We have been successful in such matters. Where settlement is not possible, the law takes its course. As regards PF, the payment would be based on the succession as per the personal law, whereas the Controlling Authority under the Payment of Gratuity Act can decide the apportionment of the claim for gratuity between the family members. The gratuity amount is deposited with the Controlling authority giving full details of the family members as per records.
But the law is very clear: the nominee has only a right to receive the terminal dues, and the nominee cannot appropriate the same as all others have their respective claims on it vis-a-vis the nominee.
So the course of action will be to stake your claim for PF to the organization and the PF Commissioner. Similarly, you can request the organization to safeguard your and your children's interest in gratuity payment.
Regards,
KK
From India, Bhopal
Acknowledge(0)Amend(0)
The issue of payment of PF and gratuity in case the employee has not nominated the spouse is a vexed question that has baffled many of us. Having dealt with such matters in the past, I venture to address this issue:
For PF
1. Nomination could be made of any person from the family or outside of the employee at the time of initial employment. But such nomination is not valid after marriage. So the nomination of a mother-in-law made at the time of initial employment is deemed to be invalid (See proviso to Para 61(3) of EPF Scheme).
2. If the employee, after marriage, makes a nomination of any member of his family (read as spouse, children married or unmarried, dependent parents, deceased son's widow and children, and for female employees in addition her dependent in-laws), then such nomination is valid. So even after marriage, a fresh nomination could be made nominating the mother or children as a nominee.
Gratuity
1. In the Payment of Gratuity Act, there is no statutory compulsion making it necessary for the employee to file a fresh nomination after marriage. Hence the nomination made in favor of the mother-in-law is valid.
In such matters, what we have tried is to bring a mutual settlement between the wife and in-laws on apportioning the benefits so that precious time and money is not lost in litigation proceedings. We have been successful in such matters. Where settlement is not possible, the law takes its course. As regards PF, the payment would be based on the succession as per the personal law, whereas the Controlling Authority under the Payment of Gratuity Act can decide the apportionment of the claim for gratuity between the family members. The gratuity amount is deposited with the Controlling authority giving full details of the family members as per records.
But the law is very clear: the nominee has only a right to receive the terminal dues, and the nominee cannot appropriate the same as all others have their respective claims on it vis-a-vis the nominee.
So the course of action will be to stake your claim for PF to the organization and the PF Commissioner. Similarly, you can request the organization to safeguard your and your children's interest in gratuity payment.
Regards,
KK
From India, Bhopal
Acknowledge(0)Amend(0)
Hi,
I'm sorry to know about your plight.
In my view, you need not worry as you have every legal right to claim your husband's benefits (I presume your husband is no longer alive). Legally, the nomination given prior to the marriage of an employee becomes void after his/her marriage. You can read more about it in the attached article, which will hopefully give you some more hope.
Despite your legal rights, I have a few suggestions for you, considering the threats you are facing from your in-laws. This is purely to help you avoid any potential litigations and save time and money involved in such disputes:
1. With the help of elders in your family circle, try to impress upon your in-laws your legal rights and reach an amicable settlement acceptable to you.
2. Immediate actions to take:
i. Send notices to all the concerned officials stating that you are the legal wife/heir, acting on behalf of your children, and that all benefits/payments relating to your husband should only be settled to you. They should not act based on the old nominations filed by your husband prior to your marriage.
ii. File claim forms (in the prescribed format) with the concerned officials for PF, Gratuity, leave salary, salary dues if any, Insurance, etc., and ensure you carefully obtain acknowledgment of filing these claims.
3. As a precaution, immediately file a petition in the appropriate court and obtain a stay/injunction against any payment of your husband's benefits. This will prevent any early disbursement based on the previous nominations.
4. Also file a petition to obtain a "succession/legal heir certificate" in your favor (including your children, including minors, with you as their guardian).
5. You may seek the help of an advocate throughout these processes to avoid any issues.
Wishing you all the best.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
I'm sorry to know about your plight.
In my view, you need not worry as you have every legal right to claim your husband's benefits (I presume your husband is no longer alive). Legally, the nomination given prior to the marriage of an employee becomes void after his/her marriage. You can read more about it in the attached article, which will hopefully give you some more hope.
Despite your legal rights, I have a few suggestions for you, considering the threats you are facing from your in-laws. This is purely to help you avoid any potential litigations and save time and money involved in such disputes:
1. With the help of elders in your family circle, try to impress upon your in-laws your legal rights and reach an amicable settlement acceptable to you.
2. Immediate actions to take:
i. Send notices to all the concerned officials stating that you are the legal wife/heir, acting on behalf of your children, and that all benefits/payments relating to your husband should only be settled to you. They should not act based on the old nominations filed by your husband prior to your marriage.
ii. File claim forms (in the prescribed format) with the concerned officials for PF, Gratuity, leave salary, salary dues if any, Insurance, etc., and ensure you carefully obtain acknowledgment of filing these claims.
3. As a precaution, immediately file a petition in the appropriate court and obtain a stay/injunction against any payment of your husband's benefits. This will prevent any early disbursement based on the previous nominations.
4. Also file a petition to obtain a "succession/legal heir certificate" in your favor (including your children, including minors, with you as their guardian).
5. You may seek the help of an advocate throughout these processes to avoid any issues.
Wishing you all the best.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.