Legal Heir after Employee Death - not married and unsure about nominee - CiteHR
KK!HR
Management Consultancy
Honeyanshi
Vice President (hr&ir)
Sunilg2005
Service
Sudhakarrao
Management Professional

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Dear All, One of our employee is expired due to heart attack at his residence. He was not married and we are not sure to whom he made his nominee.
His father is retd. govt officer without pension and mother is housewife. He was the only bread earner for his family.He has one younger brother who is not working.
So want to know, legally to whom we can handover all his statutory dues along with his settlement.
Option 1: They have to make Heir certificate to make sure things are clear legally to avoid future consequences or any claim by his other familiy member.
Pls confirm is there any other option which we can think but need to be legally correct.
Best Regds
Sunil G
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Dear Sunil,
What did he write for the EPF and ESI declaration or Gratuity nomination?
You can call and discuss with their parents for the dues.
If the declaration is not there and then go for legal heir certificate (which is always useful for future)
Dear Sunil, As suggested by VVK Sir, there is nothing wrong in relying on these nominations. As getting legal heir-ship certificate is costly, time consuming (6 months to 0ne year at least) and cumbersome, an alternative could be to get a joint account of all the three survivors in any bank account and to credit all dues there. As regards gratuity, the amount can be deposited with the ALC/Controlling Authority under the PGA 1973, he is competent to disburse the amount.
Better option to deposit statutory whole amount at concern presiding officer at least in case of workmen . We are not appropriate authority to find legal heir.
Just a Suggestion...In order not to have any litigation in future where employer will be made a party will it be foolproof if directed to take SUCCESSION CERTIFICATE.
As regards Gratuity, there is no need for succession certificate, as PGA is a complete code in itself empowering the controlling authority to decide the beneficiary. It is less costly,time consuming and cumbersome as compared to succession certificate. Under para 70 of EPF Scheme, the accumulated PF amount shall become payable to the members of the family in equal share and could be relied upon. But it is generally seen that in such matters it is easier to insist on succession certificate though it is not desirable from the point of view of the bereaved family.
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