Hi,
One of my friend met with an accident last year and he was under coma. He was married just a few months before the accident. While he was bedridden his wife left him giving letter under police evidence that she is leaving him and will not claim any from him property, employment dues etc. No divorce has been obtained under court of law.
After some time he passed away.
Now when his aged parents submitted claim for their deceased son's provident fund dues the same has been returned stating that since he is married his wife can only claim. Now the whereabouts of his wife is not known.
In the Form 2 for nomination there is no mention about his wife. The nomination has been made in favour of his parents and his brother.
Please suggest how to claim the provident fund dues by his parents.
Regards
erv
From India, Madras
One of my friend met with an accident last year and he was under coma. He was married just a few months before the accident. While he was bedridden his wife left him giving letter under police evidence that she is leaving him and will not claim any from him property, employment dues etc. No divorce has been obtained under court of law.
After some time he passed away.
Now when his aged parents submitted claim for their deceased son's provident fund dues the same has been returned stating that since he is married his wife can only claim. Now the whereabouts of his wife is not known.
In the Form 2 for nomination there is no mention about his wife. The nomination has been made in favour of his parents and his brother.
Please suggest how to claim the provident fund dues by his parents.
Regards
erv
From India, Madras
DEAR MR ERV,
HOW DID THE P.F.DEPTT.KNOWS IT THAT THE DECESED WAS MARRIED. THEIR WAS SOME MISTAKE WHILE FILLING UP THE CLAIM FORM OF DECEASED. IF YOU HAVE COPY OF THE SAME , THEN FORWARD TO MY EMAIL ADDRESS, I WILL REPLY ACCORDINGLY. EMAIL ID IS
, 
SHISH UNIYAL
09811681660
From India, New Delhi
7HOW DID THE P.F.DEPTT.KNOWS IT THAT THE DECESED WAS MARRIED. THEIR WAS SOME MISTAKE WHILE FILLING UP THE CLAIM FORM OF DECEASED. IF YOU HAVE COPY OF THE SAME , THEN FORWARD TO MY EMAIL ADDRESS, I WILL REPLY ACCORDINGLY. EMAIL ID IS
SHISH UNIYAL
09811681660
From India, New Delhi
Once a member of the PF gets married his previous nomination stands cancelled and wife (spouse) becomes the nominee automatically. Since the withdrawal or claim for pension is due to death, the application should be submitted with a copy of the death certificate. I believe that death certificate will show whether the deceased was married or not. As far as PF authorities are concerned they have no responsibility to enquire into the facts related to the family life of the deceased member or to find whether he/ she was separated. Therefore, if the parents of the deceased have proof that he was divorced then they can produce it before the PF authorities and claim the amount.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Hi,
Thanks for your reply sirs.
Actually the PF forms was submitted as though the deceased was unmarried. The PF dept required Legal Heir Certificate.
On applying for Legal heir certificate, the concerned authorities after enquiry with local people came to know that the deceased was married at the time of death. Now they are refusing to give legal heir certificate without his wife's name.
No divorce has been obtained under court of law. They are having only the certificate given under police evidence that she is leaving him and there will be no claim from her. The PF dept is not accepting this certificate and insisting for legal heir certificate.
Please suggest.
erv
From India, Madras
Thanks for your reply sirs.
Actually the PF forms was submitted as though the deceased was unmarried. The PF dept required Legal Heir Certificate.
On applying for Legal heir certificate, the concerned authorities after enquiry with local people came to know that the deceased was married at the time of death. Now they are refusing to give legal heir certificate without his wife's name.
No divorce has been obtained under court of law. They are having only the certificate given under police evidence that she is leaving him and there will be no claim from her. The PF dept is not accepting this certificate and insisting for legal heir certificate.
Please suggest.
erv
From India, Madras
As already stated by me, a nomination made prior to marriage will not stand even if he had not renominated his wife after the marriage and the PF authorities will not release the payment or pension unless they get the required legal heirs certificate. The issue of a letter in possession of Police may be a document for any investigation by the Police department but for PF that letter has no relevance. If that letter could be of any evidence to show that she had separated before his death, let the Police or the parents prove it in the Court and let the court decide that at the time of death of the employee she was not his wife or no legal relationship existed between them. Therefore, unless the matter is solved and legal heirs certificate is obtained from the Court the payment will not be released.
Once she gets remarried the parents may claim the amount as there is no surviving child.
Regards,
Madhu.T.K
From India, Kannur
Once she gets remarried the parents may claim the amount as there is no surviving child.
Regards,
Madhu.T.K
From India, Kannur
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