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JAWEDALAM
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Kishorpp
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Industrialhr
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Thread Started by #kishorpp

Dear All,
we have faced biggest problem in one of our employee death last Month on November - 2011, he married in August - 2010 but he didnot changed his Nomination after marriage, but today he having family means his wife and his 5months child, but in PF Nomination Form 2 he nominated his mother, in this case after a long studied about act and we get that If a member has a family at the time of making a nomination, the
nomination shall be in favour of one or more persons belonging to his family.
Any nomination made by such member in favour of a person not belonging to his
family shall be invalid.
Provided that a fresh nomination shall be made by the member on his
marriage and any nomination made before such marriage shall be deemed to be
invalid.
17th December 2011 From India, Thana
Dear Kishore
It is always considered that for Unmarried persons the Nominee will be Father and/or Mother and for Married Persons Wife and children and then Parents. If the legal heir of the deceased is available then as per that wife and 2 other members will be entitled for PF Pension. That's the reason we used to give wife, youngest 2 children or mother then finally father and the eldest son.
Thank you Kishore for passing good information to our members.
17th December 2011 From India, Kumbakonam
Hi Kishor,
In my openion we need the understand the santance once again
Provided that a fresh nomination shall be made by the member on his
marriage and any nomination made before such marriage shall be deemed to be
invalid
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination made after marriage (See the word provided). In case no nomination made after marriage than nomination made before marriage shall stand valid.
19th December 2011 From India, Mumbai
Dear Kishor, Can you please quote specific paragraph No and Clause No of the Act wherein it is mandatory to change the nominee after marriage of the employee? Thanks, DVD
19th December 2011 From India, Bangalore
Dear Dhillon,
"In case no nomination made after marriage than nomination made before marriage shall stand valid." is not right because its right of HR to submit the fresh nomination of their employees in EPF office after the marriage; but if it is not done then automatically nominee will be wife of the employee. for claiming the EPF amount after the death of employee only spouse and children are liable to claim any amount ( after marriage).
19th December 2011 From India, Rudarpur
If a member is married and even if no fresh nomination is submitted, the wife automatically becomes the nominee and any nomination made prior to his marriage is invalid. Hence the wife and the child are eligible to get his PF amount after the sad demise of the member.
20th December 2011 From India, Delhi
Whether there is any nomination or not, legally wedded wife becomes legal heir and thus legal claimant for PF benefits in case of death of an employee.
This has been confirmed in a number of judgements delivered by courts in India.
regards,
Kamal
20th December 2011 From India, Pune
I think it is not yet clarified, because usually in my older company as soon as employee gets married we used to give him fresh nomination forms so that he can change the nomination and give if he wishes, but if he does not submit nomination after marriage his parents / persons whom are mentioned in the first nomination form will be valid. Because wife can kill husband for money and take / claim PF benefits also.
20th December 2011 From India, Madras
If wife goes to court against the decision of the company, company will be in trouble. The theory of legal heir is applicable in all circumstances.
20th December 2011 From India, Pune
I agreed with Mr. Kamal
Whether the Previous Nomination was done for any number of persons, if a member got married then his previous nomination will become invalid and his wife will be his legal heir and will be the sole claimant of PF benifits inspite of the fact that he has not done any nomination for her.
As rightly said informed by Mr. Kamal that different courts have given judgement on this.
However in case of Gratuity in similar type of case, the court has ordered for 50% and 50% amount of gratuity for nominated persons and wife.
But in case of PF, a widow will be sole claimnt of PF benifits in case of death of an employee.
Regards.
Jawed Alam.
20th December 2011 From India, Dhanbad
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,
20th December 2011 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.
21st December 2011 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.
21st December 2011 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
22nd December 2011 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
22nd December 2011 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.
24th December 2011 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.
24th December 2011 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
2nd January 2012 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)
16th May 2012 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
27th May 2012 From India, Mumbai
Dear ,
I have one doubt regarding the P.F.claim in case of a person where in the nomination has not been submitted in form no. 2 to the SRO P.F.
We have a case where in one staff member died (natural) and his nomination has not been submitted to p.f.office.
He is married , so pls. give me full guideline regarding this case.
s.m.kshirsagar
sr.executive - H.R.
19th September 2013 From India, Nasik
Hi my cousin died in November 2014 leaving behind his wife and dependent parents. His parents are seeking claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR deptt of my cousins company has written a note to his wife to provide required documents incase she wants to claim the PF amount. But his wife has not provided it till date.The company is not approving his parents claim for PF fearing it will create legal problem for them
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.
Regards
Surya Rout
27th April 2015 From India, Delhi
Dear Mr. Patil, Make her wife to get LRS Certificate (legal representative) under order 22 of Civil Procedure Code from the court. Submit that certificate to the PF office.
27th April 2015 From India, Kolhapur
Hi my cousin died in November 2014 leaving behind his wife and dependent parents. His parents are seeking claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR deptt of my cousins company has written a note to his wife to provide required documents incase she wants to claim the PF amount. But his wife has not provided it till date.The company is not approving his parents claim for PF fearing it will create legal problem for them
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.

Regards
Surya Rout
9th May 2015 From India, Delhi
The parents of the employee will have to get a succession certificate to get the PF amounts.
A nominee is a person who holds the funds of the deceased on behalf of all entitled persons.Succession certifcate will be required in such cases.
9th May 2015 From India, Pune
As stated in above referred thread "succession certificate by widow to claim of amount" in the post dated 9.4.2015 therein, pf is payable to family members as defined under para 2(g) of the EPF Scheme. Then under para 70(ii) of the scheme it is payable in equal shares among family members. Even if dependant mother is nominee yet she has to distribute equally the shares among all legal heirs as defined under para 2(g). In case there are no family members then resort is to be taken under para 70(iii) for which there will be requirement of succession certificate. Pl refer to decision cited in earlier post wherein despite succession certificate, the pf was given to family members defined under para 2(g). It is a different matter that widow may obtain mandatory injunction against the nominee to get her share out of pf dues by asking interim injunction also from civil court.
Thanks
Sushil
9th May 2015 From India, New Delhi
1 of our employee was death last month november 2015 but in nomination shows in p.f. side his husband name but wrongly the husband names shows father the name is same but they does father instead of husband what shall i do for this problem. how many form required for this if anybody knows help me.
18th December 2015 From India, Delhi
Except for , every post has got some or the other incorrect assumptions about the topic being discussed. Correct Position can be explained as below:-
1. In an event PF nomination made prior to marriage is in favour of Mother and/or Father and the deceased has not amended the said nomination post-marriage in favour of wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (read para 70(1) with para 61 of the EPF scheme).
2. As per SC judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominees right to receive PF accumulation is merely a right as an agent to receive such payment however beneficiary rights over such payment will be as per the Succession Act. Mother and Wife both being Class 1 successor as per the Hindu Succession Act will be entitled to equal share in PF accumulation irrespective of who receives the payment as per the nomination. However, the employer by making the payment as per the nomination form would have validly discharged its obligation.
3. in case no nomination form is available, the payment can be disbursed to successor as per Section 8 of the Hindu Succession act subject to mutual agreement and indemnity in favour of the Employer to be signed and submitted by the beneficiaries.
Trust above clarifies.
28th February 2019 From India, Udaipur
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