laxetti Started The Discussion:
I have a query pls solve my problem.
If nomination( before marriage) in PF and Gratuity is on my husbands mother's name, who will be the eligible of PF and Gratuity?? He did not changed nomination on my name after marriage ( he overlooked )
My in-laws are rich enough. they really don't need our money. but they want to suffer me in claiming terminal benefits.
Pls let me know
I will be thankful to u all
I agree with Amit Thakkar sir .Your husband should update the nominee details in his company HRM by again filling Form-2 ( For PF) & Form-F ( For Gratuity). regarding ACT, after marriage spouse is the nominee for all statutory record.
sandeep Kumar Dwivedi
thank you all for quick response.
but the company hr informed me that mother of my husband is also eligible for some share of pf and gratuity. is that correct. are parents also eligible for group insurance scheme???? company also telling that if they get succession certificate, they are eligible for all the terminal benefits.
as per my knowledge it can not be possible.
pls clarify me on this..
thanking u all
Hi Mr. Suriyanarayanan sir
In Gratuity and PF he put his mother's name but it was happened before marriage. after marriage he did not change to my name. i got my legal heir certificate. but the HR said that parents of my husband are also eligible for all the benefits payable by the company, if they get succession certificate.
pls clarify me on this.
Any nomination before marriage will be supersede once he got married and his spouse will be the nominee in all means. But If your husband given nomination even after the marriage date then Your in law also party to this settlement as what percentage he mentioned on Nomination Forms
Hope you got clarified
Dear, The issue of payment of PF and gratuity in case the employee has not nominated the spouse is a vexed question that has baffled many of us. Having dealt such matters in the past, I venture to address this issue:
A: For PF
1. Nomination could be made of any person from the family or outside of the employee at the time of initial employment. But such nomination is not valid after marriage. So the the nomination of mother-in law made at the time of initial employment is deemed to be invalid (See proviso to Para 61 (3) of EPF Scheme).
2. If the employee, after marriage makes nomination of any member of his family (read as spouse, children married or unmarried, dependent parents, deceased son's widow and children and for female employees in addition her dependent -in laws then such nomination is valid. So even after the marriage, a fresh nomination could be made nominating mother or children as nominee.
1. In Payment of Gratuity Act, there is no statutory compulsion making it necessary for the employee to file fresh nomination after marriage.Hence the nomination made in favour of the mother-in-law is valid.
In such matters what we have tried is to bring a mutual settlement between the wife and in-laws on apportioning the benefits so that precious time and money is not lost in litigation proceedings. We have been successful in such matters. Where settlement is not possible the law takes its course, as regards PF the payment would be based on the succession as per the personal law, whereas the Controlling Authority under the payment of Gratuity Act can decide the apportionment of claim for gratuity between the family members. The gratuity amount is deposited with the Controlling authority giving full details of the family members as per records.
But the law is very clear the nominee has only a right to receive the terminal dues, and the nominee cannot approporiate the same as all others have their respective claims on it vis a vis the nominee.
So the course of action will be to stake your claim for PF to the organisation and the PF Commissioner. Similarly you can request the organisation to safeguard your and your children's interest in gratuity payment.
I'm sorry to know your plight.
In my view, you need not worry as you got every legal rights to claim your husband's benefits (I presume your husband is no more) Legally the nomination given prior to the marriage of an employee becomes void after his/her marriage. You will read more about it in the article attached which will give some more hope to you.
Notwithstanding your legal rights, I have a few suggestions to you,which I mention herein considering the threats you are facing from your in-laws. This purely with a view to avoid all kinds of litigations you may face from them and enable you save some time and money involved in such disputes:
1. With the help of your elders in your family circle try to impress upon your in-laws your legal rights and agree for an amicable settlement acceptable to you.
i.Send notices to all the concerned officials stating that - you are the legal wife/heir and also acting on behalf of your children and all the benefits/payments relating to your husband should only be settled to you and they shouldn't act on the basis of the old nominations filed by your husband prior to your marriage.
ii.File claim forms (in the prescribed format) with the concerned officials for PF, Gratuity, leave salary, salary dues if any, Insurance etc. and carefully obtain acknowledgement of filing these claims.
2. As a precaution, immediately file a petition in appropriate court and obtain a stay/ injunction against any payment of your hubby's benefits. This will avert any danger of early disbursement based on these nominations.
3. Also file petition to obtain "succession/legal heir certificate" in your favour (this should also include your children including minors, you as guardian).
4. You may use the help of an advocate in all these process to avoid any problem.
Wish you all the best.
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