Saswatabanerjee
Partner - Risk Management
Mandeepgahlawat
Hr Executive
Glidor
Hr Consultant
+2 Others

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Hi Experts,
I am a married male and my wife is not living with me and not get divorce yet.
Here I wish to nominee as my parents in my EPF (Employee provident fund) not my Wife, Is it possible to do that.
I got confused with term family means for married male.
Please help me on this, My parents are totally depend on me, After my death I wish them to use MY EPF for their survival.
Thanks
Anna
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Family for a Married Male member is his wife, his children, whether married or unmarried, his dependent parents and his deceased sonís widow and children; Therefore, you can nominate any one from this to receive your PF amount after the person is no more.
Sir you can change your nominee without any hesitation if you have upload your details online on epfo website you can also change there talk with your HR about this matter he can change your nominee easily epf amount is yours,you are tha owner of this money so you can change same as bank if you want to change your nomination in bank you have to provide him written request for same,
Thanks Swetley Thanks MandeepAnnamark I submitted the Form to HR with parents as my nominee. I submitted the Form to HR with parents as my nominee.
At Madras High Court in order dated 8th September 2016 it has been held that legal heirs as per Hindu Succession Act (whether nominee or not) are entitled to get terminal benefits, since nominee is only a trustee to get money on behalf of legal heirs and ownership right is not vested in nominee irrespective of provisions of the contrary in service rules.
Hi Mikky,
Sorry I couldn't understand the LAW terms completely.
is it like my wife will get the complete money even if I don't add her in nominee list?
Kindly help me to understand it.
Thanks
Anna
Hindu Marriage Act & Indian Succession Act will play an important role in your case.

As you said you are in the process of divorce ;

once you get divorce from court her claims will definitely be settled through Permanent Alimony.

Now question arises here is that maintenance can be claimed by both Parents & wife (including children's)(but quantum will be decided by court)

with regards to nominee, I would request you to keep your parents as nominee , making their will that in case of their death the benefits will pass on to you son/daughter if custody of your kids is with you.

So after you the benefits will go to the specified nominee by you (ie Parents), unless their is decree from the court stating that she shall be included. (This is only possible in the circumstances in case you die & their is no divorce decree passed in the court.)

Always keep in mind Parental Rights are more powerful than matrimonial Rights when your wife is working.

Consult lawyer other than lawyer who is handling your case regarding possible threats by law in favour of your wife.

Frankly speaking effects of westernisation has spoiled the environment

I would request you to keep your parents as nominee as it is safer option. (Ask HR of your company to fill PF nomination form on high priority basis, also take from HR Dept. the contact number of Consultant who is handling PF monthly submission of your company. Take photocopy of that proof, prepare file of the same along with your PF membership Id number & company PF Establishment code.

Abhijit Patil.
Hi Abhijitpat, Thanks a lot for information. I too feel its better to consult lawyer and take necessary action. Thanks again for your input. Thanks Anna
nomination under EPF is fully under control of the contributory member
you can log in your UAN member account, and amend the nomination,
take a print of same, sign and submit to employer for digital attestetion
once digital approval is done, its done
there is no bar to nominate the parents or children in EPF
Hi Annamark
There is an easy solution to your problem (as pointed out by Mikki and Abhijit
apart from updating your parents as nominees, you need to make a will giving all (or specific parts) of your property to your parents. In that case, the legal heirs are your parents and they will not be ordered by the court to give any part of the PF money to your wife.
Please note that the nominee forms filed before marriage are invalidated on marriage. But after marriage you can file fresh nomination forms to select any member of the family as your nominee....
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