Succession Certificate By The Widow To Claim The PF Amount - CiteHR
Apex Management
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Sushilkluthra@gmail.com
Consultant In Legal Matters
SAIBHAKTA
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Nandini.suresh
Hr Manager
Pdmer1@gmail.com
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Hi Recently my husband he got expired so he kept the Nominee name as his mother iin office records to claim the PF amount so i just wanted to know whether we have rights to claim the Pf amount or not. from the Office HR was asking me for the Succession certificate to claim the PF amount. and my mother in law is against on me. so please help me out with this issue because i have a small kid he is one and half year old.
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Even if nominee takes the payment she takes on behalf of Class I legal heirs of her deceased son. So you and your child have all legal rights to get dues from the nominee. Getting succession certificate establishes your legal right to claim PF dues. But it is advisable that you should sit across and discuss with other elders so that your mother in law is not left in a penury condition after all mother has expectations.
Thanks
Sushil
Thanks for acknowledgment. I wish to point out that mother falls in list of class I heirs under Hindu Succession Act and thus mother, son and widow get equal shares even if the widow gets succession certificate.
Thanks
Sushil
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.
what will be the court charges for 3lacs amount, my mother in law she is against on me, but she wont sign any NOC, now she is not at all intrested to discuss anything. if the position is like this what i can do can you suggest me.
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
Court fees will not be much. Ask local district court civil lawyer. It may be nominal. But procedure is lengthy. Through mediation of a lawyer make her understand the extent of her legal share and once it is locked in litigation even she nor yourself nor child will not be able to get anything for considerable period. But firstly make an application before office not to disburse anything out of the PF amount. If she does not agree then file an application for getting succession certificate and obtain suitable interim injunction against the office or nominee immediately.
Thanks
Sushil
Dear all,
Wife and children have the full legal right on the pension even in the absence of proper nomination or noc from dependent parents. As far as EPF accumulations are concerned, it can be divided equally between wife and mother if noc or succession certificate could not be produced.
I may be corrected if some thing is written wrong.
P K Sharma
Nomination of EPF would become invalid after acquisition of own family / i.e. after marriage . Wife may inform the office office of the employee with copy to the RPFO concerned with all relevant details of employee, stating that the deceased employee probably forgot to change the nomination and also that he has a child of her. requesting the EPFO to remit the dues to the legal hair share also to her, thence the payment to nominee would bad in law.
It is not clear from facts whether the deceased husband had made the nomination after marriage or before. In any case mother is also member of family under the definition of family. So nomination subsists. Even if it be held that nomination does not subsist then even under para 70(ii) of the EPF scheme these memberss viz mother, wife and child shall take equal share which the EPF office should implement.
Thanks
Sushil
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