My self Preetha Pradeep working as HR. I need a format of indemnity bond to be collected from the deceased employee legal heirs. We have to pay the final dues ( F& F - gratuity)
From India, Mumbai
From India, Mumbai
Hi,
Please collect all proof from the legal heir like legal heir certificate, Marriage registration certificate, joint photograph of the deceased (employee) with the spouse. You may use the following format but this is only a supporting document
We, ______(Father), ________(Mother), _____ (wife) and _____ (Daughter/ Son) of Late.____ respectively, hereby declare that Late.____ who had worked in your Organisation had passed away on ______ at ______, due to _______. He is survived by his Wife ___, Daughter ___, Father____ N and Mother _____. We all are Late._____ dependents. We, hereby request M/s._____ to release all eligible legal dues including Gratuity amount in the following manner and we have no objection towards the following distribution:
1. Father’s share Rs.___ in the name of Father “____ “
2. Mother’s share Rs.___ in the name of Mother “ ___ “
3. Wife’s share Rs.___ in the name of Wife “ ___ “
4. Baby’s share Rs.____in the name of Baby’s Mother name “______”
We hereby agree and confirm to you that we shall make no other claim monetary or otherwise of any nature towards any dues whatsoever in this regard from M/s._____
Date: _____________________
(_____)
______________________
(_______)
______________________
(________)
In case of dispute of among nominees in sharing the settlement amount ask them to approach civil court and come with a court order. Court will examine the background of nominees and will advise the % of settlement to be paid to each nominee.
From India, Madras
942Please collect all proof from the legal heir like legal heir certificate, Marriage registration certificate, joint photograph of the deceased (employee) with the spouse. You may use the following format but this is only a supporting document
We, ______(Father), ________(Mother), _____ (wife) and _____ (Daughter/ Son) of Late.____ respectively, hereby declare that Late.____ who had worked in your Organisation had passed away on ______ at ______, due to _______. He is survived by his Wife ___, Daughter ___, Father____ N and Mother _____. We all are Late._____ dependents. We, hereby request M/s._____ to release all eligible legal dues including Gratuity amount in the following manner and we have no objection towards the following distribution:
1. Father’s share Rs.___ in the name of Father “____ “
2. Mother’s share Rs.___ in the name of Mother “ ___ “
3. Wife’s share Rs.___ in the name of Wife “ ___ “
4. Baby’s share Rs.____in the name of Baby’s Mother name “______”
We hereby agree and confirm to you that we shall make no other claim monetary or otherwise of any nature towards any dues whatsoever in this regard from M/s._____
Date: _____________________
(_____)
______________________
(_______)
______________________
(________)
In case of dispute of among nominees in sharing the settlement amount ask them to approach civil court and come with a court order. Court will examine the background of nominees and will advise the % of settlement to be paid to each nominee.
From India, Madras
Hi,
In case of dispute among Nominees ( mostly between In-Laws and Daughter-in-Law if the deceased is Male) if they are not able to arrive at a compromise then advise them to approach court for Succession certificate. Succession certificate is a document issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person.
From India, Madras
In case of dispute among Nominees ( mostly between In-Laws and Daughter-in-Law if the deceased is Male) if they are not able to arrive at a compromise then advise them to approach court for Succession certificate. Succession certificate is a document issued by a competent court (civil) certifying a rightful person to be the successor of a deceased person. This certificate authorizes successor(s) to realize debts and securities of the deceased person.
From India, Madras
As regards gratuity, if there is no subsisting nomination, then the proper course is to deposit the amount with the Controlling Authority under the PGA 1972 (The local Labour Officer) and also furnish the full details of the family members available with you. Such authority has the legal power to pay the gratuity to the family members. As regards F&F settlement, it can be paid to the family members and an Indemnity Bond can be used but its practical utility is suspect.
From India, Mumbai
From India, Mumbai
Dear Citehr Member Ms Preetha,
It may be noted that full and final settlement in the event of dearth has to be decided on the basis of nomination made by the employee in respect of PF etc. Care should be taken to obtain the copies of proof of identity documents e.g. Adhar Card etc of the nominated persons. Although there is no legal requirement to obtain an indemnity bod when valid nomination(s) exist on record, but it is advisable to be on safer side to obtain an indemnity bond. Although the format given above will serve the general purpose requirement, nonetheless an Indemnity Bond specific for the purpose is more detailed which can be obtained from the legal department of your company/legal consultant or by a request from us.
2. It is also relevant to mention that in cases where there is no valid nomination, then it is definitely advisable either to obtain a Surviving Member Certificate issued by the District Administration or a succession certificate from the court of law.
You are requested to validate the opinion posted on this thread in reply to your query.
Chandramani Lal Sriastava
Master Consultant
9315516083
New Delhi/22.11.2022/10:23 pm
From India, New Delhi
It may be noted that full and final settlement in the event of dearth has to be decided on the basis of nomination made by the employee in respect of PF etc. Care should be taken to obtain the copies of proof of identity documents e.g. Adhar Card etc of the nominated persons. Although there is no legal requirement to obtain an indemnity bod when valid nomination(s) exist on record, but it is advisable to be on safer side to obtain an indemnity bond. Although the format given above will serve the general purpose requirement, nonetheless an Indemnity Bond specific for the purpose is more detailed which can be obtained from the legal department of your company/legal consultant or by a request from us.
2. It is also relevant to mention that in cases where there is no valid nomination, then it is definitely advisable either to obtain a Surviving Member Certificate issued by the District Administration or a succession certificate from the court of law.
You are requested to validate the opinion posted on this thread in reply to your query.
Chandramani Lal Sriastava
Master Consultant
9315516083
New Delhi/22.11.2022/10:23 pm
From India, New Delhi
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Indemnity Bond - Format.doc