My husband passed away in January 2020 and my mother and father inlaws passed away in 2018. Due domestic violence I left house six years back. My husband nominated house EPF, gratuity and COMMUTATION to her sister. Can I claim without succession certificate?
Priti.
From United States, Marietta
Priti.
From United States, Marietta
Hi Priti,
Nomination only entitles the nominee to receive such funds from the concerned authority, but that does not mean that the legal heirs would not have a right to receive them. You should ascertain some facts first - Did he leave behind a will? If he left behind a will and bequeathed such funds to his sister, you would have to challenge the will when probate or letters of administration is filed by sister. You should also get a succession certificate in the meantime to claim your rights. So long as you were not formally divorced (i.e. a decree obtained through courts) and there is no will, you / your children (if any) are class 1 legal heir and have rights over and above his sister. But I think you would not get the EPF, Gratuity, commutation, etc. without succession certificate.
Best,
Meera Kaura Patel
Partner, LawCircle
From India, Delhi
3Nomination only entitles the nominee to receive such funds from the concerned authority, but that does not mean that the legal heirs would not have a right to receive them. You should ascertain some facts first - Did he leave behind a will? If he left behind a will and bequeathed such funds to his sister, you would have to challenge the will when probate or letters of administration is filed by sister. You should also get a succession certificate in the meantime to claim your rights. So long as you were not formally divorced (i.e. a decree obtained through courts) and there is no will, you / your children (if any) are class 1 legal heir and have rights over and above his sister. But I think you would not get the EPF, Gratuity, commutation, etc. without succession certificate.
Best,
Meera Kaura Patel
Partner, LawCircle
From India, Delhi
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