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I have lost my husband in August, 2022.

His company is requesting for NOC from both in-laws to clear his dues. His Group Term Life Policy and PF clearly mentions me i.e. his wife and our minor daughter as nominees.

I am struggling with the finances every month as i am already paying the home loan emi and other house expenses also taking care of expenses for our daughter and myself from my salary.

I informed the company that in-laws are not working but have good financial background and getting an NOC from both the parents is difficult. They have already taken the LIC amount also the house is in his mother's name.

Now the company is asking to give a legal heir succession document issued by Judge. The cost to procure the said document is almost 1 lac and the time to get the same is almost 02 months.

Even if i go through the Labour law it costs a good amount.

Please guide to proceed further.

From India, Vadodara


Very much sorry to hear your situation.

Not sure whether you had applied for Legal Heir Certificate and received it.

As per Legal Heir Certificate issued by Taluk Head Quarters, the nominees for the deceased will be surviving wife/children & surviving Mother of the deceased. You may call for a discussion with your in-laws and arrive at some compromise with one share to be given to Mother-in-law so that you and your child will get one share each. But the employer might take self declaration from all of you in stamp paper and your In-Laws should be willing to sign the same.

In most of the cases Employers tend to ask Succession certificate only when there is a dispute among nominee and In-Laws. The purpose being Employer want to safeguard their side (Company) as either party should not raise dispute and go to court that Employer had finalized % of share unilaterally favoring one party. Now that your relationship with your In-Laws is not good, obtaining Succession Certificate will be the right and wise move.

Succession Certificate will be issued by the District Judge of the relevant jurisdiction. Yes it will be lengthy process but the District Judge will provide equal opportunity to all the parties concerned to represent their stand through multiple hearings and will finally decide the % of share to go to each Applicant based on their merits like age factor/employed or un employed assets owned by them etc.

You may represent your stand though a Advocate, how the settlement is important for you to nurture your kid's future, educational expenses, day to day survival etc. Even your qualification will be checked as a criteria whether you are capable of obtaining a employment in future.

Though it is easy to advise can understand the hardship you are undergoing. Wish you to get speedy amicable solution.

From India, Madras
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