Dear All Wellwisher,
As per our topic, I just have a big query. In case an employee's family, including his father, mother, and wife, are all dependent on him, and the benefits go only to his spouse, what about his father and mother when they don't have good coordination with his wife?
Kindly, please suggest any case laws.
From India, Thana
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14As per our topic, I just have a big query. In case an employee's family, including his father, mother, and wife, are all dependent on him, and the benefits go only to his spouse, what about his father and mother when they don't have good coordination with his wife?
Kindly, please suggest any case laws.
From India, Thana
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Dear All,
Let me clarify the purpose of the nomination and the right of the nominee.
Purpose of Nomination: The nomination is done by a person to bring clarity as to who should RECEIVE the benefit/money in case of the death of such a person.
Right of the Nominee: The Nominee is the receiver of the money or the benefit and not the owner or legal heir. A person who is not a relative to the employee/person can be the nominee, but that nominee shall be returning that money to the legal heir of the employee/person or whomsoever is legally entitled as per the will of the employee/person. In such a case, the property or the money shall be disbursed as per person succession law.
From India, New Delhi
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Let me clarify the purpose of the nomination and the right of the nominee.
Purpose of Nomination: The nomination is done by a person to bring clarity as to who should RECEIVE the benefit/money in case of the death of such a person.
Right of the Nominee: The Nominee is the receiver of the money or the benefit and not the owner or legal heir. A person who is not a relative to the employee/person can be the nominee, but that nominee shall be returning that money to the legal heir of the employee/person or whomsoever is legally entitled as per the will of the employee/person. In such a case, the property or the money shall be disbursed as per person succession law.
From India, New Delhi
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According to the Hindu Succession Act, the wife, mother and certain other heirs are entitled to their own shares if the deceased had died without writing a will. regards, Kamal
From India, Pune
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From India, Pune
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In 1999, the Supreme Court, while hearing an appeal against the MP High Court judgment, ruled that 'Wife's PF Rights Not Destroyed Due to Mother's Nomination'.
The Supreme Court ruled that a wife's succession right does not get destroyed merely because the husband, prior to the marriage, had made his mother the nominee for his provident fund and other retirement benefits.
"In view of the clear legal position, it is made abundantly clear that the amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with the law of succession governing them," the court said.
Regards,
Kamal
From India, Pune
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The Supreme Court ruled that a wife's succession right does not get destroyed merely because the husband, prior to the marriage, had made his mother the nominee for his provident fund and other retirement benefits.
"In view of the clear legal position, it is made abundantly clear that the amount in any head can be received by the nominee, but the amount can be claimed by the heirs of the deceased in accordance with the law of succession governing them," the court said.
Regards,
Kamal
From India, Pune
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Dear all,
I have one more doubt regarding the PF claims in the case of a person where the nomination has not been submitted. We have a case where one of our employees died, and his nomination has not been submitted. He is single and not married, so please guide me regarding this case.
Regards,
Venkat.
From India, Vijayawada
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I have one more doubt regarding the PF claims in the case of a person where the nomination has not been submitted. We have a case where one of our employees died, and his nomination has not been submitted. He is single and not married, so please guide me regarding this case.
Regards,
Venkat.
From India, Vijayawada
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Dear Venkat,
Please check the family details provided by him at the time of joining the organization. Kindly inform the same person and address about his passing. Instruct the individuals who have received the assets of your employee to present the legal heir certificate, birth certificate/age proof of legal heirs, and provide them with copies of Form 10D, Form 20, EDLI Claim Forms. Ask them to fill out the forms and submit them along with a xerox copy of the legal heirs' Bank Passbook, photos, etc., and forward the documentation to the appropriate PF Office.
From India, Kumbakonam
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Please check the family details provided by him at the time of joining the organization. Kindly inform the same person and address about his passing. Instruct the individuals who have received the assets of your employee to present the legal heir certificate, birth certificate/age proof of legal heirs, and provide them with copies of Form 10D, Form 20, EDLI Claim Forms. Ask them to fill out the forms and submit them along with a xerox copy of the legal heirs' Bank Passbook, photos, etc., and forward the documentation to the appropriate PF Office.
From India, Kumbakonam
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Wife and children cannot lose their right to a pension and other benefits under the EPF Act if the employer has not submitted a fresh nomination to the EPF Organization after the member's marriage. In other words, non-submission of a fresh nomination after marriage will not disqualify them from receiving benefits under the EPF Act.
When the employer sends the Claim Forms along with the death certificate and the legal heir certificate, they need to attach a letter certifying the nominees; this will address the issue of non-submission of a fresh nomination. In case of any doubts regarding such matters, it is advisable to directly contact the EPF Regional/sub-regional Office to receive accurate advice.
Sanu Soman
HR Manager, Chennai
From India, Madras
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When the employer sends the Claim Forms along with the death certificate and the legal heir certificate, they need to attach a letter certifying the nominees; this will address the issue of non-submission of a fresh nomination. In case of any doubts regarding such matters, it is advisable to directly contact the EPF Regional/sub-regional Office to receive accurate advice.
Sanu Soman
HR Manager, Chennai
From India, Madras
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Which form needs to be filled out in case of changing the nominee after marriage for EPF?
Which form needs to be filled out for Gratuity as per the Gratuity Act after completing one year of service?
Which form needs to be filled out in case of changing the nominee after marriage for gratuity?
Regards,
Prashant (HR-Executive)
From India, Mumbai
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Which form needs to be filled out for Gratuity as per the Gratuity Act after completing one year of service?
Which form needs to be filled out in case of changing the nominee after marriage for gratuity?
Regards,
Prashant (HR-Executive)
From India, Mumbai
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Dear Sir,
My sister's husband passed away on 24/12/2011 during treatment. This is my sister's second marriage. According to the office records, the nominee for the PF account is her husband's mother. The marriage certificate is available. After the marriage, the default nominee for the pension is my sister. However, during the submission of the PF withdrawal and pension form, one declaration was signed by my sister stating that the pension is to be transferred to her mother-in-law.
Due to a dispute over sharing various amounts, my sister wishes to hold the application for PF withdrawal and pension. If not, the PF amount cheque will be issued to her mother-in-law, and my sister would not receive anything.
If it is possible to hold the application, please advise us on the procedure to do so and how to claim the PF amount. My sister does not have any children.
Please guide us on the correct course of action.
Best Regards,
Vijay Kumar
8007850330
From India, Mumbai
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My sister's husband passed away on 24/12/2011 during treatment. This is my sister's second marriage. According to the office records, the nominee for the PF account is her husband's mother. The marriage certificate is available. After the marriage, the default nominee for the pension is my sister. However, during the submission of the PF withdrawal and pension form, one declaration was signed by my sister stating that the pension is to be transferred to her mother-in-law.
Due to a dispute over sharing various amounts, my sister wishes to hold the application for PF withdrawal and pension. If not, the PF amount cheque will be issued to her mother-in-law, and my sister would not receive anything.
If it is possible to hold the application, please advise us on the procedure to do so and how to claim the PF amount. My sister does not have any children.
Please guide us on the correct course of action.
Best Regards,
Vijay Kumar
8007850330
From India, Mumbai
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