Madhu.T.K
Industrial Relations And Labour Laws
Princess Shaz
Corporate Trainer

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Dear Kamal and Alam Sirs,
Would like your views on the below information.
My sister has been married to my brother in law on 21st May 2018. He passed away in a freaky road accident on 17th Jan 2020. He has not made a fresh nomination after the marriage. My sister's in laws are very money minded and are trying all sources to extract the money that my brother in law has earned all these years. He has been working with the company from its startup for 14 long years and since the last 4 years the company have increased in numbers and have started deducting PF. Its really confusing for all of us to understand the legal requirements for Final settlement and PF claims. My sister has her marriage certificate and her husband's death certificate where he name has been mentioned as WIFE.
Please help me
Regards,
Well Wisher

From India, Bengaluru
I am sorry for the interference.Knowing that the post is meant for Kalam and Alam, let me say that there are a lot of confusing verdicts on incidents like this. There are different views with regard to nominee and legal heir. Nominee is a custodian of the fund whereas the latter is the actual person who should receive the benefits. The arrangement will be like, nominee receiving the fund and then transferring the same to the legal heirs. This might lead to litigation.
In the case of Provident Fund, the general view was that on marriage, the earlier nomination submitted in form 2 by the member would become invalid. But there have been defending views on this saying that EPF Organisation is bound to pay the amount to the Nominee.
In the case of Pension Fund only spouse and children are family members who are eligible to get pension of a deceased member.
Since legal heir certificate is a basic document for all purpose, obtaining it should be done on priority. If the legal heir apply for the PF accumulations, the same my be put on hold because of existence of a nominee. Unless NOC is submitted the PF will not be released.

From India, Kannur
Dear sir
Following Document for submit PF Claim
1 Succession certificate
2 LIST OF FAMILY MEMBER CERTIFICATE
3 DEATH WHILE IN SERVICE CERTIFICATE
4 FORM 20 & 10-D , 5F
4 BRAKE STATEMNT
5 FORM -3 A
6 Form No. 5/10
7 Non – Reckonable Service Statement
8 Bank Account Xerox for Verification
This Document was submit and you claim was satteld 15 Days

From India, Pune
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