Respected vharikrishan sir, kindly specify that gratuity nomination form (form f) is to be kept in employee’s personal file. Can’t it be change any time if mendatory. Regards, kscc
From India, New Delhi
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From India, New Delhi
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Dear Sirs,
My in-laws have submitted a lawyer's notice claiming that they are dependents of my husband. However, in reality, they are not dependent on my husband. What should I do now? Please suggest further actions.
Thank you all.
(Note: I have retained the original structure of the user's message while correcting spelling, grammar, and punctuation errors and ensuring proper paragraph formatting.)
From India, Bangalore
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My in-laws have submitted a lawyer's notice claiming that they are dependents of my husband. However, in reality, they are not dependent on my husband. What should I do now? Please suggest further actions.
Thank you all.
(Note: I have retained the original structure of the user's message while correcting spelling, grammar, and punctuation errors and ensuring proper paragraph formatting.)
From India, Bangalore
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Dear Mr. Kscc,
It is desirable that the nomination form is kept in the personal file of the employee so that it can be accessed easily. A nomination once made can be modified by the employee, subject to the condition that in the case of an employee who has a family, the nomination can be in favor of a family member.
With regards
From India, Madras
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181It is desirable that the nomination form is kept in the personal file of the employee so that it can be accessed easily. A nomination once made can be modified by the employee, subject to the condition that in the case of an employee who has a family, the nomination can be in favor of a family member.
With regards
From India, Madras
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M'am,
1) It is essential that legal notices be responded to legally. I suggest entrusting your matter to an advocate specializing in such cases and taking necessary action promptly.
2) Can you provide documentary evidence to prove that your in-laws were not dependent on your husband and that he did not support them in the past? Additionally, you may have details of their wealth that could be useful in formulating a suitable response.
Kumar.S.
From India, Bangalore
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1) It is essential that legal notices be responded to legally. I suggest entrusting your matter to an advocate specializing in such cases and taking necessary action promptly.
2) Can you provide documentary evidence to prove that your in-laws were not dependent on your husband and that he did not support them in the past? Additionally, you may have details of their wealth that could be useful in formulating a suitable response.
Kumar.S.
From India, Bangalore
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Dear Laxetti,
Though you may have to send a reply to the lawyer's notice, you should also file a claim before the Controlling Authority under the Payment of Gratuity Act, claiming gratuity from your husband's employer. I presume that the Payment of Gratuity Act is applicable to the establishment in which your husband was working and that the Act applies to him as well.
With regards,
From India, Madras
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Though you may have to send a reply to the lawyer's notice, you should also file a claim before the Controlling Authority under the Payment of Gratuity Act, claiming gratuity from your husband's employer. I presume that the Payment of Gratuity Act is applicable to the establishment in which your husband was working and that the Act applies to him as well.
With regards,
From India, Madras
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Sirs,
Can I fight against my in-laws for my husband's benefits with my father-in-law's pension slip and bank statement of salary remittance (he is still working after his retirement in MCC) for proof of documentary evidence that my in-laws are not really dependents of my husband now or in the past? I can also provide proof with other properties like houses, plots, and other assets.
Please let me know which forms I should submit to claim PF, Gratuity, and Insurance.
Thank you all.
From India, Bangalore
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Can I fight against my in-laws for my husband's benefits with my father-in-law's pension slip and bank statement of salary remittance (he is still working after his retirement in MCC) for proof of documentary evidence that my in-laws are not really dependents of my husband now or in the past? I can also provide proof with other properties like houses, plots, and other assets.
Please let me know which forms I should submit to claim PF, Gratuity, and Insurance.
Thank you all.
From India, Bangalore
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dear forum,
i am really facing very tough situation these days, above problem not yet been solved and today i came to know that my husband put his mother name as nominee ( before marriage ) in Group Insurance Policy Coverage which is tied up with company.
in –law are not and were never dependents on the earnings of my husband.
My father – in – law is a pensioner after his retirement from a reputed Government Company and post retirement he is gainfully employed. All the other children of my in-laws are gainfully employed and are majors.
its a pathetic situation for widows who are facing problem like me. pls all of u be alert about these issue, do not neglect any matters, it can change our life with in a second.
pls let me know is there any justice for me in this case, any where happens in the world.
i will be eagerly waiting to hear your expertise opinions,
regards
rajni
From India, Bangalore
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i am really facing very tough situation these days, above problem not yet been solved and today i came to know that my husband put his mother name as nominee ( before marriage ) in Group Insurance Policy Coverage which is tied up with company.
in –law are not and were never dependents on the earnings of my husband.
My father – in – law is a pensioner after his retirement from a reputed Government Company and post retirement he is gainfully employed. All the other children of my in-laws are gainfully employed and are majors.
its a pathetic situation for widows who are facing problem like me. pls all of u be alert about these issue, do not neglect any matters, it can change our life with in a second.
pls let me know is there any justice for me in this case, any where happens in the world.
i will be eagerly waiting to hear your expertise opinions,
regards
rajni
From India, Bangalore
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Ms. Rajani,
It is a settled position in law that a nominee is authorized only to receive the terminal benefits of the deceased employee from the company but is not authorized to claim any absolute right to such an amount. She is expected to hold the entire money as a trustee for others who have an equal share in it as per the laws of succession. Thus, as a wife, you can lawfully claim your share in the terminal benefits and his mother cannot refuse it, though she is the nominee.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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It is a settled position in law that a nominee is authorized only to receive the terminal benefits of the deceased employee from the company but is not authorized to claim any absolute right to such an amount. She is expected to hold the entire money as a trustee for others who have an equal share in it as per the laws of succession. Thus, as a wife, you can lawfully claim your share in the terminal benefits and his mother cannot refuse it, though she is the nominee.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Hi,
Please be aware that a "succession certificate" or legal heir certificate issued by an appropriate court in your favor would be your strongest weapon to face the challenges before you. With this, you can win all your claims. I am repeatedly impressing upon you that you should immediately seek the help of an advocate and lodge claims with all the officers concerned. Simultaneously, obtain an injunction order with a direction not to disburse any of your husband's benefits to anybody except you. We have no information whatsoever about the actions you have taken so far. We in this forum can only suggest some steps based on the piecemeal information coming forth from you. Ultimately, taking action lies with you. If you miss the bus, you cannot reach anywhere. We can't help. Please move fast and firmly. Incidentally, could you tell us where you are located?
Kumar S.
From India, Bangalore
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Please be aware that a "succession certificate" or legal heir certificate issued by an appropriate court in your favor would be your strongest weapon to face the challenges before you. With this, you can win all your claims. I am repeatedly impressing upon you that you should immediately seek the help of an advocate and lodge claims with all the officers concerned. Simultaneously, obtain an injunction order with a direction not to disburse any of your husband's benefits to anybody except you. We have no information whatsoever about the actions you have taken so far. We in this forum can only suggest some steps based on the piecemeal information coming forth from you. Ultimately, taking action lies with you. If you miss the bus, you cannot reach anywhere. We can't help. Please move fast and firmly. Incidentally, could you tell us where you are located?
Kumar S.
From India, Bangalore
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Dear Sir,
I am struggling from my side to provide a good livelihood for my child by claiming my husband's terminal benefits. Additionally, I am actively seeking employment to secure our future. I have submitted a letter to HR requesting the settlement of my entitled amount. With the guidance of an advocate (a retired Labour Commissioner) in Hyderabad, we have also sent a reminder letter along with all the necessary supporting documents such as marriage and birth certificates of my child, PF, and gratuity forms. However, we are unable to apply for a succession certificate due to a spelling mistake in the received Death certificate. We are in the process of obtaining a corrected Death certificate with the accurate name as per the certificates.
Without a legal heir, I am facing various challenges, including issues with my in-laws. I am currently residing in Hyderabad, Andhra Pradesh. I seek all your opinions on how to proceed. Please suggest an advisor who can assist me in handling this case until a settlement is reached with my in-laws.
Thank you,
Rajani
From India, Bangalore
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I am struggling from my side to provide a good livelihood for my child by claiming my husband's terminal benefits. Additionally, I am actively seeking employment to secure our future. I have submitted a letter to HR requesting the settlement of my entitled amount. With the guidance of an advocate (a retired Labour Commissioner) in Hyderabad, we have also sent a reminder letter along with all the necessary supporting documents such as marriage and birth certificates of my child, PF, and gratuity forms. However, we are unable to apply for a succession certificate due to a spelling mistake in the received Death certificate. We are in the process of obtaining a corrected Death certificate with the accurate name as per the certificates.
Without a legal heir, I am facing various challenges, including issues with my in-laws. I am currently residing in Hyderabad, Andhra Pradesh. I seek all your opinions on how to proceed. Please suggest an advisor who can assist me in handling this case until a settlement is reached with my in-laws.
Thank you,
Rajani
From India, Bangalore
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