Korgaonkar K A
+1 Other

Thread Started by #subi-agrawal

I m new on this. I have question. If employee is married and made his parents nominee for PF, gratuity, and insurance in IT company. Then after his death the widow can claim for which amount.
And wife can get at least what common death benefits from employer.
27th April 2018 From India
In this scenario, the PF, Gratuity and Insurance are payable based on the legal heir obtained before the Civil adjudication. Management has to deposit the amount payable, before the controlling authority for disbursement.
27th April 2018 From India, Madras
If employer made payment to parents than in this situation who wife can ask to her in-laws to share the amount to his wife and kid.
3rd May 2018 From India
I am Ashwani, I have query about EPS, i was starting my job in April 2008 and in May 2015 i was switch in new company in May 2015 it self and then again i was move on another second company in January 2016, and now from januray 2016 to till date i am working in third company, and every time when i change the job i have transferd my PF amount now my total job period is 10Year and 1Month, can someone suggest me how can i see my complete information about EPS, is there any option to transferd my all previous company EPS amount in my exisitng PF account ?
Please help me and suggest me some way.
3rd May 2018 From India, undefined
If u have ur uan no . connect ur PF and aadhar with uan. Then check ur epassbook from uan portal to check ur all previous PF and EPs detail. Or u may direct ask ur current employer if u r working, to mail ur all PF and EPs amount detail.
3rd May 2018 From India
If an employer pays Gratuity amount to father and mother as per the nomination of the deceased, knowing that the deceased was a married person, then the action of the Management can be questioned. Whenever any employee get married, his wife becomes nominee for all legal purpose. The claim of father and mother to be claimed on the basis of legal certificate and to approached before the appropriate authority.
4th May 2018 From India, Madras
But employee can make nominee any member of his family mother/father/wife. These all comes into family. Then how I raise question on management.
4th May 2018 From India
Employee can mention his choice as nominee, but only when an untoward sudden incident like this happens the problem comes as all claimants ( stating themselves to be legal heirs) would come into picture.
As such Management has to be a bit cautious while filling up or taking the nominee details. And also hold such claims in the interest of the actual beneficiary if ambiguity exists.
Best option now available is suggest out of the way to the parents to give the share to widow.
4th May 2018 From India, Hyderabad
Venkata, employer already made payment in Karnataka state. His parents belong to west Bengal and I m from UP state. I m living with my parents in UP and his parents and employer are not communicating by phone also.
His patents had intension to have all money. And employer don't want to envolve in this matter after payment. Now I have only one option is succession certificate.
Please let me know, could I get succession certificate from UP high court, even my husband died in Karnataka where we residing in rented flat. And don't have any relative in my in-laws city in west Bengal.
4th May 2018 From India
Nominee means a person who holds the estate/money on behalf of all entitled persons.As such parents cannot claim money as their own and deny entitled members as Per Hindu law.Secondly when a member acquires family
Rules for nomination under EPF scheme 1952
Member has to give the names of Spouse and all children in the prescribed Form.
In case the member has no family, one person can be nominated.
However, such nomination will become invalid once the member acquires a family
4th May 2018 From India, Pune
I am trying to answer you differently.
As regards to EPF & gratuity:
Para 61 of EPF Scheme & Section 6 of POG Act deal with the Procedure for nomination to respective funds. According to this, right of nominee is restricted i.e. in the case of an employee having no family, nomination can be made in favour of any person. However as soon as there is a member in family, nominee in favour of outsider becomes void and fresh nomination in favour of any member in family has to be made.
According to SC in Shipra Sengupta's appeal (1999), right of wife to get EPF is not destroyed due to mother's nomination.
As regards to Insurance:
Nominee is a person whose name is written in proposal form. However, the position of nominee is settled now by SC in Sarbati Devi v Usha Devi (AIR 1984 SC 346). According to this Judgement, a mere nomination u/r Section 39 does not confer on the nominee any beneficial interest in the amount payable under the insurance policy on the death of insured.
6th May 2018 From India, Mumbai
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