Good Evening,
Respected Seniors I seek your advice on the below mentioned query:-
A person who was married twice dies of some disease.He was working with a semi government organisation.He nominated his elder son from his first wife for the job and for the PF fund his second wife was the nominee.Now after his death the first wife is claiming that she should also get half of the fund amount for the children's education and the second wife doesn't want so.The second wife does not have children but she needs the whole amount.So I want legal experts advice on this whether the first wife is also eligible to get the amount though she was divorced from that man but she has two sons from him and the second wife is issueless.What should be the ideal solution for this..
Regards,
Roshni
From India, Chandigarh
Respected Seniors I seek your advice on the below mentioned query:-
A person who was married twice dies of some disease.He was working with a semi government organisation.He nominated his elder son from his first wife for the job and for the PF fund his second wife was the nominee.Now after his death the first wife is claiming that she should also get half of the fund amount for the children's education and the second wife doesn't want so.The second wife does not have children but she needs the whole amount.So I want legal experts advice on this whether the first wife is also eligible to get the amount though she was divorced from that man but she has two sons from him and the second wife is issueless.What should be the ideal solution for this..
Regards,
Roshni
From India, Chandigarh
Please ask the claimants to Bring the Succession Certificate from Competent Court & accordingly order of the Competent Court help the Successors to get the Dues.
From India, Pune
467From India, Pune
Dear Mr Prashant,
Thank you so much for the reply..Can this be the final solution..I want to know if the second wife claims for succession certificate and again if the first wife objects/interferes then what will be the outcome..
Pls reply.
From India, Chandigarh
Thank you so much for the reply..Can this be the final solution..I want to know if the second wife claims for succession certificate and again if the first wife objects/interferes then what will be the outcome..
Pls reply.
From India, Chandigarh
Hi Roshni,
Mr Prashant has rightly suggested you to obtain a Succession Certificate from Competent Court. As far your apprehension is concerned, that if the second wife claims for succession certificate and again if the first wife objects/interferes then what will be the outcome,has no meaning as once a Succession Certificate is issued then is no scope for such disputes.Succession Certificate is governed under the Indian Succession Act, 1925. It is a legal and powerful documents, where your involvement is zero. On the other hand if you break your head in deciding such cases yourself, you may land yourself into trouble as the aggrieved party will surely take you to the court. Although almost all the Social Security Acts or Schemes contain the definition of Family but you will see the variation there, making the readers confused. Asking the affected parties to obtained a Succession Certificate is ideal solution.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Mr Prashant has rightly suggested you to obtain a Succession Certificate from Competent Court. As far your apprehension is concerned, that if the second wife claims for succession certificate and again if the first wife objects/interferes then what will be the outcome,has no meaning as once a Succession Certificate is issued then is no scope for such disputes.Succession Certificate is governed under the Indian Succession Act, 1925. It is a legal and powerful documents, where your involvement is zero. On the other hand if you break your head in deciding such cases yourself, you may land yourself into trouble as the aggrieved party will surely take you to the court. Although almost all the Social Security Acts or Schemes contain the definition of Family but you will see the variation there, making the readers confused. Asking the affected parties to obtained a Succession Certificate is ideal solution.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Sir,
I would add that PF withdrawal is not an ancestral property for which Succession Certificate is required. For this only nomination of the PF a/c holder is sufficient. Succession certificate is required only when their is no nomination. Moreover, first lady is already divorced and she might have married again and in the circumstances, she has no right in the property of her ex-husband particularly which is not ancestral. Divorce means divorce for all intend and purposes and thereafter there remains no connection with the two. If further assistance required, pls go through Hindu Succession Act.
From India, Panipat
I would add that PF withdrawal is not an ancestral property for which Succession Certificate is required. For this only nomination of the PF a/c holder is sufficient. Succession certificate is required only when their is no nomination. Moreover, first lady is already divorced and she might have married again and in the circumstances, she has no right in the property of her ex-husband particularly which is not ancestral. Divorce means divorce for all intend and purposes and thereafter there remains no connection with the two. If further assistance required, pls go through Hindu Succession Act.
From India, Panipat
Dear All, please help me. & let me know. i am working in construction company. all workers are asking for bonus......... regards, dilip
Dear Dilip,
Earlier, under Section 32 of the Payment Of Bonus Act, 1965, the employees employed through contractors on building operation were exempted and not covered under the Payment of Bonus Act,1965. The Govt of India has omitted the exemption clause w.e.f. 01.04.2006 by bringing an amendment in the Payment of Bonus Act,1965 vide amendment Act 45 of 2007 covering the construction employees under the purview of Payment Of Bonus Act,1965.The employee, who has worked for more than thirty days in the previous year ,shall be eligible for the bonus under Payment Of Bonus Act,1965.You need to pay minimum bonus to all eligible employees.
The present discussion was going on implication of claim of PF withdrawal by two claimant but suddenly you have encroached and have raised a separate query not related to the present topic.The whole discussion has to take a U-Turn in answering your query.My advise to you is always raise separate query, if it is not relevant to the on going topic.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Earlier, under Section 32 of the Payment Of Bonus Act, 1965, the employees employed through contractors on building operation were exempted and not covered under the Payment of Bonus Act,1965. The Govt of India has omitted the exemption clause w.e.f. 01.04.2006 by bringing an amendment in the Payment of Bonus Act,1965 vide amendment Act 45 of 2007 covering the construction employees under the purview of Payment Of Bonus Act,1965.The employee, who has worked for more than thirty days in the previous year ,shall be eligible for the bonus under Payment Of Bonus Act,1965.You need to pay minimum bonus to all eligible employees.
The present discussion was going on implication of claim of PF withdrawal by two claimant but suddenly you have encroached and have raised a separate query not related to the present topic.The whole discussion has to take a U-Turn in answering your query.My advise to you is always raise separate query, if it is not relevant to the on going topic.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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