With every marriage, the previous nomination automatically becomes NULL as per law. Therefore, if the nomination is made before this marriage, then the nomination has already become void. Under the definition of family, for PF purposes, father and mother are also included and therefore, in this case, it will be wise to share the PF amounts equally. However, for Family Pension Purposes, only wife and children are eligible and you can claim this exclusively along with child. The EDLI amount too will have to be shared just like the PF amount.
From India, Mumbai
21From India, Mumbai
Similar problem cropped up in Pushpa v Jiya Bai decided by MP High Court in 1997. There the wife sought to obtain succession certificate despite the nomination made by deceased in favour of his mother. Nomination was upheld being made in favour of member of family I.e. mother. It was held that nominee gave due discharge to the authorities but cannot have have absolute right over the amount. It has to give to the legal heirs the amount to which they are entitled. Similarly the Apex court held in CK Prahalada v state of Karnataka in 2008 that nominee or holder of succession certificate has to hand over the property to legal heirs entitled to the legal rights of the property. Thus getting of succession certificate even does not make the holder its absolute owner of the property.
In view of MP HC decision above stated it cannot be said that the nomination made in favour of member of family becomes null. Further father does not appear to be included in definition of family.
Thanks
Sushil
From India, New Delhi
In view of MP HC decision above stated it cannot be said that the nomination made in favour of member of family becomes null. Further father does not appear to be included in definition of family.
Thanks
Sushil
From India, New Delhi
I beg to differ with Mr Luthra.The lawyers charge 10 % of the total amount claimed as fees.I got a succession certificate towards my deceased sister’s assets, hence I know.
From India, New Delhi
From India, New Delhi
Under the Advocates Act, rules have been framed regarding conduct of Advocates. Following is the relevant rule:
"RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter undertaken. He also shall not charge for his services as a percentage of the amount or property received after the success of the matter."
In every profession every types of professionals are there!
Thanks
Sushil
From India, New Delhi
"RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter undertaken. He also shall not charge for his services as a percentage of the amount or property received after the success of the matter."
In every profession every types of professionals are there!
Thanks
Sushil
From India, New Delhi
I am not clear about mother’s name as nominee. It should be either father or wife.
From India, Chennai
From India, Chennai
Para 2 (g) of the Employees Provident Fund Scheme defines family to include inter alia dependant parents. Thus read para 70(ii) with it. Thanks Sushil
From India, New Delhi
From India, New Delhi
With due respect to all seniors responding above, I am asking only for academic purpose.... Does that mean that "Nomination is a useless process, which has no legal protection"?
Pl refer to above decision of Pushpa v Jiya Bai wherein it is clearly held that nomination is valid if it has been given to a family member. Nominee gives effective discharge to the authorities but nominee does not have absolute right over the accumulated EPF dues. He has to handover the respective shares to legal heirs of the deceased as per their entitlement under the relevant law.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Thank you Sushil!
I am just trying to understand all dynamics of this process....
If the nomination is considered as valid, would an application made before EPF office, 'not to disburse anything out of the PF amount' be justified? Can we say that in this case, The mother can request for immediate discharge of amount. Does she have to sign any declaration that she is the only legal heir for the decendant & produce any NOC? If not, then she should be given all the amount any way. Then the dispute of sharing these assets between legal heirs will be settled in mutual agreement / family court.
In short, whoever completes the procedure first (Wife to produce succession certificate to EPF office, OR mother to request discharge of amount) would get their first hand on the amount?
Also, the widowed wife may have to bear charges not only for the succession certificate, but possibly also for the running the case in family court for this dispute.
Thanks in advance to share your views!
Amod.
I am just trying to understand all dynamics of this process....
If the nomination is considered as valid, would an application made before EPF office, 'not to disburse anything out of the PF amount' be justified? Can we say that in this case, The mother can request for immediate discharge of amount. Does she have to sign any declaration that she is the only legal heir for the decendant & produce any NOC? If not, then she should be given all the amount any way. Then the dispute of sharing these assets between legal heirs will be settled in mutual agreement / family court.
In short, whoever completes the procedure first (Wife to produce succession certificate to EPF office, OR mother to request discharge of amount) would get their first hand on the amount?
Also, the widowed wife may have to bear charges not only for the succession certificate, but possibly also for the running the case in family court for this dispute.
Thanks in advance to share your views!
Amod.
If nomination is valid then the amount has to be given to nominee who is a member of family for giving discharge to authorities.Even the succession certificate is not needed. See the above Jiya Bai' s case.The necessity of obtaining injunction is suggested in contemplation that the mother may not spend away the shares of other legal heirs. As stated in the apex court nominee or succession certificate holder has to deliver the appropriate share to the legal heirs and for minor to her/his guardian.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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