Muslim personal law - Can he given 100% nomination to one wife and exclude the rest?

swastik73
Dear All,
I have to advise my friend who is facing a peculiar problem.
One of his employee who is a Muslim has more than one wife married under the Muslim Personal Law.
My query is regarding PF Nomination:
Can he given 100% nomination to one wife and exclude the rest from nomination??
Regards,
SC
hrg
hi
He can nominate one wife and give her all the benifits.
nomination and ratio of sharing is the chioce of the employee.
hrg-rajaram
Complication can arise if he does not nominate anybody or a percentage of his share lies unnominated. Thereby all legal heirs can claim and NoObjectionCertificate is required and the process turns out lenghty.
Likewise an employee is free to nominate anybody any amount of share he likes.
Pension shall however be given in equal percentages to all nominees of family ( def as per the act) mentioned by the employee.
Shivakumar
He can very well nominate both the wives by giving 50% each. But in case of pension the first wife will get the benefits not the later.
swastik73
Dear All,
Thank all members for the responses.
What I want to ask is there any court cases supporting the opinions that has been expressed by everyone?????
Regards,
SC
swastik73
Dear All,
I would also like to add suppose the employee dies will his children of the wife/wives who have not been nominated be eligible for Family Pension (Consider all the children are minor)??
Kind Regards,
SC
Dear SC,
There is seperate column for pension fund nomination and complication can arise only if it is left blank. If even a name of donkey, as per definition of family in EPF scheme, is given, he will be authorised for pension.
It is very evident that the nominated person is only authorized for pension though you would have to check the legal liability of this person towards his both wives as per Muslim laws. If only wife is nominated to have pension, then children can only claim that sum after death of the nominee and after proving their claim over the same.
What sort of court case are you looking for.
Son of one unnominated wife suing the other wife?
Keep Trying.
All the best
praveenujagiri
Dear Swastik,
The answer to your query is ?
the employee who has 3 0r 4 wives then it depends how he has made the nominations for PF if he say amount to be equally divided among his wives then it it will done so,Or else the entire amount will go to his first wife even if he has not made any nominations
As per Retirements benefits plans under the Law jurisdiction
Regards,
Praveen Ujagiri
9867856668
swastik73
Dear Members,
What I am trying to stress at is the definition of family under EPS. Even if we agree that the person can choose any one of his wives as a nominee but can he really exclude the children of his other wives, since all his children irrespective of which wife are his??
Regards,
SC
vrishi
PF: You can nominate more than one
Under this he can nominate his children irrespective of wife number
Pension: Only One
Gratuity: One
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