Dear All, One of our employees passed away after terminal illness and he has not mentioned a nominee for the same .
He is married and has a 1 year old daughter, his father and mother are retired and are well settled and have one more middle aged son who is well settled.
Parents are super senior citizens, have got enough savings, got the house and LIC amounts of the deceased also.
The deceased employee had mentioned his wife as the nominee is the PF form and hence that is clear and no issues on that front.
The spouse is staying with the in-laws but is requesting to pay the entire claim to her and the minor daughter. We as a company asked for NOC but the spouse is not able to provide citing the family dispute could be arisen.
The Insurance company is clear that they will pay it to whosoever that we tell them to as this a Group policy taken by the Organization .
The question is that can we make the entire payment to the Spouse as she is the one who deserves it more than anyone and will this cause a legal hurdle. Can the father of the deceased employee go to the court if we make the payment to his Daughter in law?
Also the Full and Final Settlement, can this be made to the spouse itself?
Looking forward to your responses
From India, Vadodara
He is married and has a 1 year old daughter, his father and mother are retired and are well settled and have one more middle aged son who is well settled.
Parents are super senior citizens, have got enough savings, got the house and LIC amounts of the deceased also.
The deceased employee had mentioned his wife as the nominee is the PF form and hence that is clear and no issues on that front.
The spouse is staying with the in-laws but is requesting to pay the entire claim to her and the minor daughter. We as a company asked for NOC but the spouse is not able to provide citing the family dispute could be arisen.
The Insurance company is clear that they will pay it to whosoever that we tell them to as this a Group policy taken by the Organization .
The question is that can we make the entire payment to the Spouse as she is the one who deserves it more than anyone and will this cause a legal hurdle. Can the father of the deceased employee go to the court if we make the payment to his Daughter in law?
Also the Full and Final Settlement, can this be made to the spouse itself?
Looking forward to your responses
From India, Vadodara
Hi,
One way out for the below query.
The question is that can we make the entire payment to the Spouse as she is the one who deserves it more than anyone and will this cause a legal hurdle. Can the father of the deceased employee go to the court if we make the payment to his Daughter in law?"
"
Ask the spouse to submit an undertaking from the parents - that the amount to be disbursed to the wife of the deceased employee and submit it to you to process the payment.
"
Please ensure all nominations are in order for the rest of the employees, if not hold their increments/incentive pay outs etc. till they nominate. Else it will be a headache for you in future.
Another way - Deposit the F&F, Gratuity and any other payments pending from you in the employees salary account as you would otherwise deposit if the employee retires. Let the family take up with the bank to whom those account access needs to be given. Typically one of them would have access to the account info.
thanks.
From India, undefined
7One way out for the below query.
The question is that can we make the entire payment to the Spouse as she is the one who deserves it more than anyone and will this cause a legal hurdle. Can the father of the deceased employee go to the court if we make the payment to his Daughter in law?"
"
Ask the spouse to submit an undertaking from the parents - that the amount to be disbursed to the wife of the deceased employee and submit it to you to process the payment.
"
Please ensure all nominations are in order for the rest of the employees, if not hold their increments/incentive pay outs etc. till they nominate. Else it will be a headache for you in future.
Another way - Deposit the F&F, Gratuity and any other payments pending from you in the employees salary account as you would otherwise deposit if the employee retires. Let the family take up with the bank to whom those account access needs to be given. Typically one of them would have access to the account info.
thanks.
From India, undefined
dear Sir,
taking the undertaking from the inlaws is not preferred by spouse as the inlaws are asking for share though they are aged and have good balance they just want to give all money and their current properties to the other son who is unmarried and middle aged.
Thanks for suggesting to transfer to bank. Can you guide us in detail on this.
From India, Vadodara
taking the undertaking from the inlaws is not preferred by spouse as the inlaws are asking for share though they are aged and have good balance they just want to give all money and their current properties to the other son who is unmarried and middle aged.
Thanks for suggesting to transfer to bank. Can you guide us in detail on this.
From India, Vadodara
Hi,
Undertaking from Parents will not be valid. Tomorrow they might take a different stand that they were forced to sign the undertaking etc.
The right process is ask for Legal Heir Certificate issued by the respective State Government , from the Nominee of the employee. In legal heir certificate normally surviving spouse, children, Father , Mother will be included. You can distribute the benefits equally to all nominees as per Legal Heir Certificate.
However in case of dispute among nominees about % of sharing, who will get more etc then advise them to get Succession Certificate (Succession Certificate will be issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person). The civil court will analyze all facts based on the evidences provided before the Court before issuing Succession Certificate. Once Succession Certificate you can release the settlement as per the directive of the Court.
From India, Madras
Undertaking from Parents will not be valid. Tomorrow they might take a different stand that they were forced to sign the undertaking etc.
The right process is ask for Legal Heir Certificate issued by the respective State Government , from the Nominee of the employee. In legal heir certificate normally surviving spouse, children, Father , Mother will be included. You can distribute the benefits equally to all nominees as per Legal Heir Certificate.
However in case of dispute among nominees about % of sharing, who will get more etc then advise them to get Succession Certificate (Succession Certificate will be issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person). The civil court will analyze all facts based on the evidences provided before the Court before issuing Succession Certificate. Once Succession Certificate you can release the settlement as per the directive of the Court.
From India, Madras
Hi,
Added to the above Succession Certificate would be a time consuming process and Court may not issue immediately as it involve so may process. So keep it as a least option.
Call the parties concerned and advise them to arrive at some conclusion among themselves amicably. Educate them that in case if they are not able to arrive conclusion among themselves Company have no other option except to ask for Succession Certificate which will be a lengthy process.
With regard to PF Claim, even if the deceased employee is married with surviving wife and kid even surviving mother will also be considered. Not sure PF office had insisted for Legal Heir Certificate from the nominees at the time of submission of PF claim forms. Nominees are eligible for PF, EDLI, Monthly Pension.
From India, Madras
Added to the above Succession Certificate would be a time consuming process and Court may not issue immediately as it involve so may process. So keep it as a least option.
Call the parties concerned and advise them to arrive at some conclusion among themselves amicably. Educate them that in case if they are not able to arrive conclusion among themselves Company have no other option except to ask for Succession Certificate which will be a lengthy process.
With regard to PF Claim, even if the deceased employee is married with surviving wife and kid even surviving mother will also be considered. Not sure PF office had insisted for Legal Heir Certificate from the nominees at the time of submission of PF claim forms. Nominees are eligible for PF, EDLI, Monthly Pension.
From India, Madras
Hi As already stated it is advisable to proceed as per legal process either as per legal heir certificate or succession in case of dispute as to who should get more %.
From India, Madras
From India, Madras
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