Dear,
I have one doubt regarding the P.F. claim in the case of a person where the nomination has not been submitted in Form No. 2 to the SRO P.F. We have a case where one staff member died (natural) and his nomination has not been submitted to the P.F. office. He is married, so please give me full guidelines regarding this case.
S.M. Kshirsagar
Senior Executive - H.R.
From India, Nasik
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I have one doubt regarding the P.F. claim in the case of a person where the nomination has not been submitted in Form No. 2 to the SRO P.F. We have a case where one staff member died (natural) and his nomination has not been submitted to the P.F. office. He is married, so please give me full guidelines regarding this case.
S.M. Kshirsagar
Senior Executive - H.R.
From India, Nasik
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Hi, my cousin died in November 2014, leaving behind his wife and dependent parents. His parents are seeking a claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR department of my cousin's company has written a note to his wife to provide the required documents in case she wants to claim the PF amount. However, his wife has not provided it to date. The company is not approving his parents' claim for PF, fearing it will create a legal problem for them.
Please let us know if there is a way by which his parents can submit their claim for his PF amount, and if yes, what's the procedure.
Regards,
Surya Rout
From India, Delhi
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Please let us know if there is a way by which his parents can submit their claim for his PF amount, and if yes, what's the procedure.
Regards,
Surya Rout
From India, Delhi
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Dear Mr. Patil, Make her wife to get LRS Certificate (legal representative) under order 22 of Civil Procedure Code from the court. Submit that certificate to the PF office.
From India, Kolhapur
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1From India, Kolhapur
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Hi, my cousin died in November 2014, leaving behind his wife and dependent parents. His parents are seeking to claim his PF account as he had his mother as a nominee. However, his wife has severed all ties with his family. The HR department of my cousin's company has written a note to his wife, requesting the necessary documents in case she wishes to claim the PF amount. Unfortunately, his wife has not provided the required documents to date. Consequently, the company is hesitant to approve his parents' claim for the PF due to concerns about potential legal issues arising.
Please let us know if there is a way for his parents to submit their claim for his PF amount, and if so, what is the procedure.
Regards,
Surya Rout
From India, Delhi
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Please let us know if there is a way for his parents to submit their claim for his PF amount, and if so, what is the procedure.
Regards,
Surya Rout
From India, Delhi
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The parents of the employee will have to get a succession certificate to obtain the PF amounts.
A nominee is a person who holds the funds of the deceased on behalf of all entitled persons. A succession certificate will be required in such cases.
From India, Pune
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A nominee is a person who holds the funds of the deceased on behalf of all entitled persons. A succession certificate will be required in such cases.
From India, Pune
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As stated in the above-referred thread "succession certificate by widow to claim of amount" in the post dated 9.4.2015, PF is payable to family members as defined under para 2(g) of the EPF Scheme. Then, under para 70(ii) of the scheme, it is payable in equal shares among family members. Even if a dependent mother is the nominee, she still has to distribute the shares equally among all legal heirs as defined under para 2(g). In case there are no family members, then resort is to be taken under para 70(iii) for which there will be a requirement of a succession certificate. Please refer to the decision cited in an earlier post wherein despite the succession certificate, the PF was given to family members defined under para 2(g). It is a different matter that the widow may obtain a mandatory injunction against the nominee to get her share out of PF dues by asking for interim injunction also from the civil court.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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One of our employees passed away last month, November 2015. However, in the nomination for the Provident Fund (P.F.), his husband's name is incorrectly listed as his father. The names are the same, but the relationship should be shown as husband instead of father.
To resolve this issue, you should contact the Provident Fund office and inform them of the error in the nomination details. They will guide you on the necessary steps to correct the information.
If you are unsure about the required forms or procedures, you can ask for assistance from the Provident Fund office or consult with your HR department for guidance. It's essential to ensure that the correct details are updated to avoid any future complications.
From India, Delhi
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To resolve this issue, you should contact the Provident Fund office and inform them of the error in the nomination details. They will guide you on the necessary steps to correct the information.
If you are unsure about the required forms or procedures, you can ask for assistance from the Provident Fund office or consult with your HR department for guidance. It's essential to ensure that the correct details are updated to avoid any future complications.
From India, Delhi
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Except for 
, every post has some incorrect assumptions about the topic being discussed. The correct position can be explained as below:
1. In an event where PF nomination was made prior to marriage in favor of the Mother and/or Father, and the deceased did not amend the nomination post-marriage in favor of the wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (refer to para 70(1) with para 61 of the EPF scheme).
2. As per the Supreme Court judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominee's right to receive PF accumulation is merely a right as an agent to receive such payment. However, beneficiary rights over the payment will be as per the Succession Act. Both the Mother and Wife, being Class 1 successors as per the Hindu Succession Act, will be entitled to an equal share in PF accumulation, regardless of who receives the payment as per the nomination. Nevertheless, the employer, by making the payment as per the nomination form, would have validly discharged its obligation.
3. In case no nomination form is available, the payment can be disbursed to the successor as per Section 8 of the Hindu Succession Act, subject to mutual agreement and indemnity in favor of the Employer to be signed and submitted by the beneficiaries.
Trust the above clarifies.
From India, Udaipur
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1. In an event where PF nomination was made prior to marriage in favor of the Mother and/or Father, and the deceased did not amend the nomination post-marriage in favor of the wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (refer to para 70(1) with para 61 of the EPF scheme).
2. As per the Supreme Court judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominee's right to receive PF accumulation is merely a right as an agent to receive such payment. However, beneficiary rights over the payment will be as per the Succession Act. Both the Mother and Wife, being Class 1 successors as per the Hindu Succession Act, will be entitled to an equal share in PF accumulation, regardless of who receives the payment as per the nomination. Nevertheless, the employer, by making the payment as per the nomination form, would have validly discharged its obligation.
3. In case no nomination form is available, the payment can be disbursed to the successor as per Section 8 of the Hindu Succession Act, subject to mutual agreement and indemnity in favor of the Employer to be signed and submitted by the beneficiaries.
Trust the above clarifies.
From India, Udaipur
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Sir, my wife was a state govt. servant in Rajasthan. She passed away 6 months ago. When she joined the service, she was unmarried and had nominated her father (who was also a govt. servant) for her General Provident Fund. After a few years, she married me, but the nomination could not be revised or resubmitted due to a lack of knowledge. Now, following her death, I have submitted a death claim for the GPF in the SIPF department. The department is requesting family details for the Drawing and Disbursing Officer (DDO) of my wife. Please clarify whether the nomination made before marriage would be considered invalid or valid. Is my claim as the husband of the deceased employee valid or not? What should I do in this matter?
From India, Jaipur
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From India, Jaipur
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Dear Mr. Kamal and Mr. Jawed Alam,
My brother-in-law passed away on 17th January 2020. We do not know if the company provided him with a new nomination form for his PF. However, he married my sister on 21st May 2018, and we have the marriage certificate to prove it. In his death certificate, her name has been mentioned as his wife. My sister has taken on the responsibility of paying all his debts. I would like to inquire if she is eligible to claim the PF and other settlements from the company where my brother-in-law worked. Additionally, I would appreciate information on the benefits she can claim. Please be aware that her in-laws are not supportive, and she is currently two months pregnant.
Thank you.
From India, Bengaluru
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My brother-in-law passed away on 17th January 2020. We do not know if the company provided him with a new nomination form for his PF. However, he married my sister on 21st May 2018, and we have the marriage certificate to prove it. In his death certificate, her name has been mentioned as his wife. My sister has taken on the responsibility of paying all his debts. I would like to inquire if she is eligible to claim the PF and other settlements from the company where my brother-in-law worked. Additionally, I would appreciate information on the benefits she can claim. Please be aware that her in-laws are not supportive, and she is currently two months pregnant.
Thank you.
From India, Bengaluru
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