Who Gets PF and Gratuity if My Husband Didn't Update the Nominee After Marriage?

I have a query, please solve my problem. If the nomination (before marriage) in PF and Gratuity is in my husband's mother's name, who will be eligible for PF and Gratuity? He did not change the nomination to my name after marriage (he overlooked it). My in-laws are rich enough; they really don't need our money, but they want to make it difficult for me to claim terminal benefits. Please let me know. I will be thankful to you all. Regards.

You can claim from all statutory offices (e.g., EPF, EPS, ESIC, etc.). Whoever was the nominee in the past, but after marriage, the wife is the immediate nominee and beneficiary.

I agree with Amit Thakkar, sir. Your husband should update the nominee details in his company's HRM by filling out Form-2 (for PF) and Form-F (for Gratuity) again. Regarding the ACT, after marriage, the spouse becomes the nominee for all statutory records.

Regards,
Sandeep Kumar Dwivedi

Thank you all for the quick response. But the company HR informed me that the mother of my husband is also eligible for some share of PF and gratuity. Is that correct? Are parents also eligible for the group insurance scheme? The company is also telling me that if they get a succession certificate, they are eligible for all the terminal benefits.

As per my knowledge, it cannot be possible. Please clarify this for me.

Thank you all.

Unless it is declared in the nomination form that the payable amount is to be shared as a percentage among everyone, the payment should be made only to the spouse. For added security, you can submit a legal heir certificate to the company along with your claim form.

Regards,
M. Suriyanarayanan
Sr. Manager - HR

In Gratuity and PF, he put his mother's name, but it happened before marriage. After marriage, he did not change it to my name. I got my legal heir certificate, but HR said that the parents of my husband are also eligible for all the benefits payable by the company if they get a succession certificate. Please clarify this for me.

Thank you.

Any nomination made before marriage will be superseded once he gets married, and his spouse will be the nominee in all respects. However, if your husband provides a nomination after the marriage date, then your in-law is also a party to this settlement based on the percentage he specifies on the Nomination Forms.

I hope this clarifies the situation.

Regards,
Suriyanarayanan

Even if your husband gives a nomination in the name of anybody before marriage, as per Indian law, the wife becomes the automatic nominee after marriage. So, you do not need to worry at all.

Regards,
76146

The issue of payment of PF and gratuity in case the employee has not nominated the spouse is a vexed question that has baffled many of us. Having dealt with such matters in the past, I venture to address this issue:

For PF

1. Nomination could be made of any person from the family or outside of the employee at the time of initial employment. But such nomination is not valid after marriage. So the nomination of a mother-in-law made at the time of initial employment is deemed to be invalid (See proviso to Para 61(3) of EPF Scheme).

2. If the employee, after marriage, makes a nomination of any member of his family (read as spouse, children married or unmarried, dependent parents, deceased son's widow and children, and for female employees in addition her dependent in-laws), then such nomination is valid. So even after marriage, a fresh nomination could be made nominating the mother or children as a nominee.

Gratuity

1. In the Payment of Gratuity Act, there is no statutory compulsion making it necessary for the employee to file a fresh nomination after marriage. Hence the nomination made in favor of the mother-in-law is valid.

In such matters, what we have tried is to bring a mutual settlement between the wife and in-laws on apportioning the benefits so that precious time and money are not lost in litigation proceedings. We have been successful in such matters. Where settlement is not possible, the law takes its course. As regards PF, the payment would be based on the succession as per the personal law, whereas the Controlling Authority under the Payment of Gratuity Act can decide the apportionment of the claim for gratuity between the family members. The gratuity amount is deposited with the Controlling Authority giving full details of the family members as per records.

But the law is very clear: the nominee has only a right to receive the terminal dues, and the nominee cannot appropriate the same as all others have their respective claims on it vis-a-vis the nominee.

So the course of action will be to stake your claim for PF to the organization and the PF Commissioner. Similarly, you can request the organization to safeguard your and your children's interest in gratuity payment.

Regards,
KK

I'm sorry to know about your plight. In my view, you need not worry as you have every legal right to claim your husband's benefits (I presume your husband is no longer alive). Legally, the nomination given prior to the marriage of an employee becomes void after his/her marriage. You can read more about it in the attached article, which will hopefully give you some more hope.

Despite your legal rights, I have a few suggestions for you, considering the threats you are facing from your in-laws. This is purely to help you avoid any potential litigations and save time and money involved in such disputes:

1. With the help of elders in your family circle, try to impress upon your in-laws your legal rights and reach an amicable settlement acceptable to you.

2. Immediate actions to take:

i. Send notices to all the concerned officials stating that you are the legal wife/heir, acting on behalf of your children, and that all benefits/payments relating to your husband should only be settled to you. They should not act based on the old nominations filed by your husband prior to your marriage.

ii. File claim forms (in the prescribed format) with the concerned officials for PF, Gratuity, leave salary, salary dues if any, Insurance, etc., and ensure you carefully obtain acknowledgment of filing these claims.

3. As a precaution, immediately file a petition in the appropriate court and obtain a stay/injunction against any payment of your husband's benefits. This will prevent any early disbursement based on the previous nominations.

4. Also file a petition to obtain a "succession/legal heir certificate" in your favor (including your children, including minors, with you as their guardian).

5. You may seek the help of an advocate throughout these processes to avoid any issues.

Wishing you all the best.

Regards,
Kumar S.

You need not worry. After marriage, the wife automatically becomes the beneficiary under PF, ESIC, and other insurance schemes, irrespective of nominee details entered.

Best Regards,
Ajay

As per Indian Family Law, the wife becomes the automatic nominee after marriage. So, you can approach a good advocate. You can claim.

Thanks & Regards,
E. Ramesh

In my view, the purpose of nomination is to determine who is entitled to receive the gratuity amount from the company. Once the company pays the gratuity to the nominee as per the Gratuity Act, it stands discharged from the responsibility regarding payment of gratuity. However, it does not mean the nominee has the exclusive right to the entire gratuity amount. The rights to claim a share in the gratuity amount, in my view, are to be decided by the laws of succession. Thus, along with a wife, a dependent mother might also have a share in the gratuity amount.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Once the nomination details are filled, anyone can make changes by filling out the related forms in the company. If your husband requests to change the nominee details today, they will be updated, and you will be the new nominee. The company will need to resubmit the revised Form 2 in the department. Regarding gratuity, changes can be made at any time.

I would appreciate comments from Amit Thakkar ji on my thread.

Regards

The nomination made by an employee for the purposes of the gratuity due to him, if he is covered by the provisions of the Payment of Gratuity Act, has to be in accordance with the stipulations contained in the Act. This Act specifically states that the nomination that could be made by the employee has to be in favor of a member of his family. Who constitutes "family" is defined in section 2(h) of the Payment of Gratuity Act. If the employee dies before he receives the gratuity due to him, it is the duty of the employer to pay the gratuity amount payable to the deceased employee to his nominee. There is no provision in the Payment of Gratuity Act which requires an employee to change the nomination after his/her marriage. The nomination will continue until it is modified by the employee. If at the time the employee makes the nomination he has no "family" as defined in section 2(h) of the Payment of Gratuity Act, then he can make a nomination in favor of any other person. However, the moment the employee acquires a family, this nomination would become invalid, and the employee has to make a fresh nomination which could only be in favor of a member of the "family."

Regards,

Kindly specify if the gratuity nomination form (Form F) is to be kept in the employee's personal file. Can it be changed at any time if mandatory?

Regards,
KSCC

My in-laws have submitted a lawyer's notice claiming that they are dependents of my husband. However, in reality, they are not dependent on my husband. What should I do now? Please suggest further actions.

Thank you all.

Regards

It is desirable that the nomination form is kept in the personal file of the employee so that it can be accessed easily. A nomination once made can be modified by the employee, subject to the condition that in the case of an employee who has a family, the nomination can be in favor of a family member.

With regards,
Regards

M'am,

1) It is essential that legal notices be responded to legally. I suggest entrusting your matter to an advocate specializing in such cases and taking necessary action promptly.

2) Can you provide documentary evidence to prove that your in-laws were not dependent on your husband and that he did not support them in the past? Additionally, you may have details of their wealth that could be useful in formulating a suitable response.

Kumar.S.

Though you may have to send a reply to the lawyer's notice, you should also file a claim before the Controlling Authority under the Payment of Gratuity Act, claiming gratuity from your husband's employer. I presume that the Payment of Gratuity Act is applicable to the establishment in which your husband was working and that the Act applies to him as well.

With regards,

Can I fight against my in-laws for my husband's benefits using my father-in-law's pension slip and bank statement of salary remittance as proof? He is still working after his retirement in MCC. I want to provide documentary evidence that my in-laws are not really dependents of my husband now or in the past. I can also provide proof with other properties like houses, plots, and other assets.

Please let me know which forms I should submit to claim PF, Gratuity, and Insurance.

Thank you all.

Dear forum, I am really facing a very tough situation these days. The above problem has not yet been solved, and today I came to know that my husband put his mother's name as the nominee (before marriage) in the Group Insurance Policy Coverage, which is tied up with the company. My in-laws are not and were never dependents on the earnings of my husband. My father-in-law is a pensioner after his retirement from a reputed Government Company, and post-retirement, he is gainfully employed. All the other children of my in-laws are gainfully employed and are majors. It's a pathetic situation for widows who are facing problems like me. Please, all of you, be alert about these issues; do not neglect any matters, as they can change our lives within a second. Please let me know if there is any justice for me in this case, anywhere in the world. I will be eagerly waiting to hear your expert opinions.

Regards,
Rajni

Nominee Rights and Succession Laws

It is a settled position in law that a nominee is authorized only to receive the terminal benefits of the deceased employee from the company but is not authorized to claim any absolute right to such an amount. She is expected to hold the entire money as a trustee for others who have an equal share in it as per the laws of succession. Thus, as a wife, you can lawfully claim your share in the terminal benefits, and his mother cannot refuse it, though she is the nominee.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Please be aware that a "succession certificate" or legal heir certificate issued by an appropriate court in your favor would be your strongest weapon to face the challenges before you. With this, you can win all your claims. I am repeatedly impressing upon you that you should immediately seek the help of an advocate and lodge claims with all the officers concerned. Simultaneously, obtain an injunction order with a direction not to disburse any of your husband's benefits to anybody except you. We have no information whatsoever about the actions you have taken so far. We in this forum can only suggest some steps based on the piecemeal information coming forth from you. Ultimately, taking action lies with you. If you miss the bus, you cannot reach anywhere. We can't help. Please move fast and firmly. Incidentally, could you tell us where you are located?

Regards,
Kumar S.

I am struggling to provide a good livelihood for my child by claiming my husband's terminal benefits. Additionally, I am actively seeking employment to secure our future. I have submitted a letter to HR requesting the settlement of my entitled amount. With the guidance of an advocate (a retired Labour Commissioner) in Hyderabad, we have also sent a reminder letter along with all the necessary supporting documents such as marriage and birth certificates of my child, PF, and gratuity forms. However, we are unable to apply for a succession certificate due to a spelling mistake in the received Death certificate. We are in the process of obtaining a corrected Death certificate with the accurate name as per the certificates.

Without a legal heir, I am facing various challenges, including issues with my in-laws. I am currently residing in Hyderabad, Andhra Pradesh. I seek all your opinions on how to proceed. Please suggest an advisor who can assist me in handling this case until a settlement is reached with my in-laws.

Thank you,
Rajani

I'm extremely sorry to know about your difficulties. However, we have to face whatever has to be. There is no escape. Please don't lose heart or panic. Have courage; God will help you.

Considerations for Your Children

Now, are your children minors or adults? It is better to include them as claimants in all your claims. If they are minors, you can represent them as a legal guardian. This will strengthen your case.

Ancestral Property and Legal Actions

One more thing - Do your in-laws have any ancestral properties? If yes, issue a legal notice to your in-laws claiming your share of both income by way of rent every month and the right to the property, even if by dividing it. Ask them to register it in the name of your children, the legal heirs.

Service Benefits and Legal Steps

Regarding the service benefits, keep sending reminders every week. If necessary, file an FIR against your in-laws seeking the intervention of the police and asking them not to harass you and your children.

Regards.

Thank you for your concern. I have a 20-month-old girl, and I include her name in all matters. Unfortunately, my husband passed away at the age of 30 in February 2012.

Family and Financial Background

Regarding my in-laws, they own cultivation lands, plots, and houses valued at around 2 to 3 crores. My father-in-law is a government pensioner but continues to work as a supervisor in a manufacturing company. My husband's elder brothers are well-settled and working in reputed companies abroad, owning their own properties.

Legal Considerations

I am willing to endure with patience, but if pushed to my limit, I will not hesitate to take legal action if they continue to harass me.

Regards,
Rajani

Yes, sir, major mistakes are appearing in the DC:
- Error in the spelling of the name.
- Address at the time of death is mentioned as Mancheri (which is also incorrect) instead of Gulbarga.
- In the Permanent address, the district name is Hyderabad instead of Adilabad.

The above-mentioned mistakes are present in the DC. What can I do, sir?

The attached cases referencing and write-up, which are relevant to your case, provide some insight into the whole issue of a widow's rights. They may help you understand some vexed problems and the legally available solutions. This includes a Supreme Court judgment that will apply to the whole of India regarding the settlement of your late husband's service benefits to the nominee.

Regards,
Kumar S.

I hope I will get a solution for my query. Eligibility for EDLI

Who is eligible for EDLI? If a company possesses a PF trust, is EDLI applicable for an employee (my husband is no more)? Can I claim that as a legal heir? They are not tied up with any other insurance (LIC). My husband worked with that company for 5+ years. Please clarify this for me.

Thanks,
Rajani

You will find attached the relevant extract of the EDLI Rules which are applicable to you. This will guide you towards claiming your benefits under the EDLI scheme as a "Nominee" or legal heir. You have to check with your husband's employer PF Trust whether your husband had included you as a "Nominee" and process your claim.

All the best.

Regards, Kumar S.

Thank you for your response. I am aware that the member in EPF is eligible for EDLI. I am the legal heir of my husband's terminal benefits. However, the company only paid the PF (employee & employer) contributions and did not include the EDLI amount, even though I submitted the EDLI form 5(IF). They are refusing to settle the EDLI claim, stating that their trust is not covered by EDLI.

Questioning EDLI Coverage

I am questioning why they are not covered by EDLI. If they have a PF trust, why is it not included in the EDLI coverage? Instead of EDLI, they do not have any other insurance in place.

Regards,
Rajani

Sir, thank you for your response. I am aware that the member in EPF is eligible for EDLI. I am the legal heir of my husband's terminal benefits. However, the company only paid the PF (employee and employer) contributions and not the EDLI amount. Despite submitting EDLI Form 5(IF), they are not settling the EDLI claim, stating that their trust is not covered by EDLI (according to them).

I am questioning why they are not covered by EDLI. If they have a PF trust, why are they not covered by EDLI? Instead of EDLI, they are not associated with any other insurance agency.

If they are not exempted, they are liable for EDLI, or they should have coverage through another agency like LIC. I recommend meeting with the concerned section in the Regional PF Commissioner's office in charge of EDLI to seek guidance on this matter.

Regards,
Kumar S.