Hi,
Recently, my husband passed away, and he had nominated his mother for the PF amount in office records. I would like to know if we have the right to claim the PF amount. The HR department at the office is requesting a Succession certificate to process the claim. However, my mother-in-law is not supportive. I am seeking assistance with this matter as I have a young child who is one and a half years old.
Your help in resolving this issue would be greatly appreciated.
Thank you.
From India, Hyderabad
Acknowledge(0)
Amend(0)
Recently, my husband passed away, and he had nominated his mother for the PF amount in office records. I would like to know if we have the right to claim the PF amount. The HR department at the office is requesting a Succession certificate to process the claim. However, my mother-in-law is not supportive. I am seeking assistance with this matter as I have a young child who is one and a half years old.
Your help in resolving this issue would be greatly appreciated.
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
Even if the nominee takes the payment, she does so on behalf of the Class I legal heirs of her deceased son. Therefore, you and your child have all the legal rights to claim dues from the nominee. Obtaining a succession certificate establishes your legal right to claim PF dues. However, it is advisable that you sit down and discuss the matter with other elders so that your mother-in-law is not left in a financially precarious situation; after all, a mother has expectations.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
225Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thank you for the acknowledgment. I wish to point out that a mother falls in the list of Class I heirs under the Hindu Succession Act. Therefore, the mother, son, and widow are entitled to equal shares, even if the widow obtains a succession certificate.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
It is not very often that we see legal view matching humane view, especially in such matters.I add my appreciation to that of Mr Divekar and Mr Luthra.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
What will be the court charges for a 3-lakh amount? My mother-in-law is against me, but she won't sign any NOC. Now, she is not interested in discussing anything. If the situation is like this, what can I do? Can you suggest something to me?
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
so Now even me and my son will be having the rights to claim the PF amount. how many days it takes to get the succession certificate
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Court fees will not be much. Ask a local district court civil lawyer; it may be nominal. However, the procedure is lengthy. Through the mediation of a lawyer, make her understand the extent of her legal share. Once it is locked in litigation, neither she, yourself, nor the child will be able to get anything for a considerable period. Firstly, make an application before the office not to disburse anything out of the PF amount. If she does not agree, file an application to obtain a succession certificate and suitable interim injunction against the office or nominee immediately.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Dear all,
Wife and children have the full legal right to the pension even in the absence of proper nomination or NOC from dependent parents. Concerning EPF accumulations, it can be divided equally between the wife and mother if an NOC or succession certificate cannot be produced.
Please correct me if something is written incorrectly.
P K Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Wife and children have the full legal right to the pension even in the absence of proper nomination or NOC from dependent parents. Concerning EPF accumulations, it can be divided equally between the wife and mother if an NOC or succession certificate cannot be produced.
Please correct me if something is written incorrectly.
P K Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Nomination of EPF would become invalid after the acquisition of one's own family, i.e., after marriage. The wife may inform the office of the employee, with a copy to the RPFO concerned, providing all relevant details of the employee. She should state that the deceased employee probably forgot to change the nomination and also that he has a child with her. The request to the EPFO should be to remit the dues to the legal heir, including her share, thus making the payment to the nominee invalid in law.
Acknowledge(0)Amend(0)
Acknowledge(0)Amend(0)
It is not clear from the facts whether the deceased husband made the nomination after marriage or before. In any case, the mother is also a member of the family under the definition of family, so the nomination subsists. Even if it is held that the nomination does not subsist, then under para 70(ii) of the EPF scheme, these members - mother, wife, and child - shall take an equal share, which the EPF office should implement.
Thanks
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.