Dear Sir, I have a doubt in Death cases in pf related settlement that is One of the employee cessation on 01.10.2017, but she was dead after service on 30.01.2018 and also there is no KYC in PF portal in this case what is the process of PF settlement, Please any one reply me.
Thanking you...
From India, Visakhapatnam
2Thanking you...
From India, Visakhapatnam
Hi Sreenivas P.
I am not clear from what info given in your query. What I understand is that -
1) She, an employee, her service is closed as on 1.10.2017
2) and she died thereafter on 30.1.2018 (after retirement or cessation)
3) No nomination was available in the office or EPF portal who she had nominated if she would have done any.
How to do in this case w.r.t. the final settlement of her, deceased employee.
Let's not get into why she has not filed any nomination to her employer's office, despite the fact that it shall be the primary responsibility of the employer to obtain the nomination in the prescribed form.
Now it has become a legal issue. The practical solution is, if she is married and left her husband (or spouse), dependent children, it may be preferable to equally divide the settlement and give credit to their bank a/cs or by crossed cheques. Alternatively, ask the children to submit an affidavit, sworn before a Notary, a No Objection Certificate to disburse the settlement to the husband, the legal father of their children.
In order to avoid any complications or when there is no unison among the legal claimants then whoever produces the 'Legal heir' certificate from a competent court can be the recipient, which will also protect the employer from all litigations that might follow.
From India, Bangalore
I am not clear from what info given in your query. What I understand is that -
1) She, an employee, her service is closed as on 1.10.2017
2) and she died thereafter on 30.1.2018 (after retirement or cessation)
3) No nomination was available in the office or EPF portal who she had nominated if she would have done any.
How to do in this case w.r.t. the final settlement of her, deceased employee.
Let's not get into why she has not filed any nomination to her employer's office, despite the fact that it shall be the primary responsibility of the employer to obtain the nomination in the prescribed form.
Now it has become a legal issue. The practical solution is, if she is married and left her husband (or spouse), dependent children, it may be preferable to equally divide the settlement and give credit to their bank a/cs or by crossed cheques. Alternatively, ask the children to submit an affidavit, sworn before a Notary, a No Objection Certificate to disburse the settlement to the husband, the legal father of their children.
In order to avoid any complications or when there is no unison among the legal claimants then whoever produces the 'Legal heir' certificate from a competent court can be the recipient, which will also protect the employer from all litigations that might follow.
From India, Bangalore
Sir,
succession certificate
A person who does not leave a will on his death is said to have died intestate. In such cases, the family members need to get a succession certificate to certify the legal heir who is entitled to claim the assets in accordance with the succession laws. It is mandatory for claiming assets such as bank balance, fixed deposits, shares, mutual fund investments, etc.
Application
A petition in the prescribed format must be made to the competent Civil Court—within whose jurisdiction the asset of the deceased is situated—by the legal heir claiming the asset. The petition should contain names of all heirs; details about time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Notice in newspapers
Once the petition is received, the court issues a notice in the newspapers along with notice to all the respondents. The notice calls for objections, if any, to issue succession certificate, and provides a period of 45 days to do the same along with necessary documentary proofs.
Issuance of certificate
On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate in favour of the petitioner
Court fee
Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered.
Points to note
1. A succession certificate is a mandatory document, but not always sufficient to release the assets. Death certificate will be required, apart from the additional requirements.
2. If the petition is not contested then the court usually issues a succession certificate in five to seven months.
From India, Pune
succession certificate
A person who does not leave a will on his death is said to have died intestate. In such cases, the family members need to get a succession certificate to certify the legal heir who is entitled to claim the assets in accordance with the succession laws. It is mandatory for claiming assets such as bank balance, fixed deposits, shares, mutual fund investments, etc.
Application
A petition in the prescribed format must be made to the competent Civil Court—within whose jurisdiction the asset of the deceased is situated—by the legal heir claiming the asset. The petition should contain names of all heirs; details about time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Notice in newspapers
Once the petition is received, the court issues a notice in the newspapers along with notice to all the respondents. The notice calls for objections, if any, to issue succession certificate, and provides a period of 45 days to do the same along with necessary documentary proofs.
Issuance of certificate
On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate in favour of the petitioner
Court fee
Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered.
Points to note
1. A succession certificate is a mandatory document, but not always sufficient to release the assets. Death certificate will be required, apart from the additional requirements.
2. If the petition is not contested then the court usually issues a succession certificate in five to seven months.
From India, Pune
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Epf compsite form death cases Revised-Composi te-Claim-Form-i n-Death-Cases-F -EPS-EDLI___201 708231.pdf