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Dear All Wellwisher,
as per our Topic, i just having big query, incase if employees family means his Father, Mother, and wife all are dependent on him, and the benefit goese only to his Spouse, but what about his Father & Mother when they dont have good co ordination with his wife.
kindly please suggest any case laws,

From India, Thana
Dear All,
Let me clarify the purpose of the nomination and the right of the nominee.
Purpose of Nomination :--- The nomination is done by a person to bring clarity to as to who should RECEIVE the benefit/money in case of death of such person.
Right of the Nominee :--- The Nominee is the receiver of the money or the benefit and not the owner or legal heir. A person who is not the relative to the employee/person can be the nominee but that nominee shall be returning that money to the legal heir of the employee/person or whomsoever is legally entitled as per will of the employee/person. in such case the property or the money shall disbursed as per person succession law.

From India, New Delhi
Dear Kishor,
The principle of Law says that whoever gets the assets will have to bear the liabilities. In such case as per law the mother can seek some percentage of property of his son from her Daughter in law. I suppose equal share.

From India, New Delhi
According to the Hindu Succession Act, the wife, mother and certain other heirs are entitled to their own shares if the deceased had died without writing a will. regards, Kamal
From India, Pune
In 1999, the Supreme Court while hearing an appeal against the MP High cort judgement ruled that 'Wife's PF Rights Not Destroyed Due to Mother's Nomination'.
The Supreme Court ruled that a wife's succession right does not get destroyed merely because the husband prior to the marriage had made his mother the nominee for his provident fund and other retirement benefits.
"In view of the clear legal position, it is made abundantly clear that the amount in any head can be received by the nominee but the amount can be claimed by the heirs of the deceased in accordance with law of succession governing them," the court said.
regards,
Kamal

From India, Pune
dear all,
i have one more doubt regarding the pf claims in case of a person where in the nomination has not been submitted.
we have a case where in one of our employee died and his nomination has not been submitted.
he is single and not married.. so pls guide me with regard to this case.
regarrds,
venkat.

From India, Vijayawada
Dear Venkat
Please check the family details given by him during joining the organisation. Intimate about his death to the same person and address. Instruct the persons who received the corpus of your employee to bring the legal heir certificate, birth certificate/age proof of legal heirs, and issue them the copy of form 10D and form 20 and EDLI Claim Forms and get it filled and submit with the Bank Pass book xerox copy of legal heirs, photos, etc and forward the same to the appropriate PF Office.

From India, Kumbakonam
Wife and children cannot lose their right to pension and other benefits under EPF Act for the employer having not submitted frsh nomination to the EPF Organization after marriage of the member. In other words Non -submission of fresh nomination after marriage will not disqualify them from getting the benefits under the EPF Act.When the employer sends the Claim Forms alongwith the death certificate and the legal heir certificate , he needs to attach a letter too certifying the nominees; that will take care of the issue of 'non submission of fresh nomination'. In case of doubt on such issues, it is better to contact directly the EPF Regional/sub-regional Office; we would get correct advice.
Sanu Soman
HR Manager,Chennai

From India, Madras
Which form need to be fill up in case to change the nominee after marriage in case of EPF?
Which form need to be fill up in case Gratuity as per the gratuity act after completion of one year of service?
Which form need to be fill up in case to change the nominee after marriage in case of gratuity?
Regards,
Prashant (HR- Executive)

From India, Mumbai
Dear Sir,
My sister's husband expired on 24/12/2011 during treatment.
This is a second marriage of my sister. As per office record nominee for PF account is mother of her husband.
Marriage certificate is available. After marriage pension default nominee is my sister.
While submission of PF withdrawl & Pension form one declaration has signed by my sister that pension is transfered to her mother in law.
But due to dispute of sharing various amount, my sister want to hold that application of PF amount withdrawl & pension.
Otherwise what happen that PF amount cheque will be issued to her mother in law.
My sister dont get anything.
If it is possible to hold that application, Please tell us the procedure to hold & demading the pf amount. My sister dont having any children.
Plaese guide us the correct way.
Best Regards,
Vijay Kumar
8007850330

From India, Mumbai

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