Legal Heir Certificate

Hi all,
My father expired on December 19, 2011. The Company is asking for legal heir certificate for getting the death benefits. He did not signed Form 2, which means he did not selected his nominee hence Company is not accepting just the Affidavit which states that me and my mom are legal heir after him.
I tried getting some information on it and found that certificate needs to be obtained from Tehsildar of jaipur (raj) as I live here onlt. Even i tried getting in communication with tehsildar and lawyers, they all told me it needs to be obtained through court or from district magistrate.
I need your urgent help in this matter. I need to know the process flow of obtaining legal heir certificate in quick and efficient manner. with all contacts, addresses and other details
Thanks alot.

am not aware of all the alternatives..
you would need to take a succession certificate from court (all the movable n immovable properties are mentioned)

Hi

it is not clear to me how long your father worked in the organisation before death.

Primarily, it is the responsiblity of employer to take nominee declaration on the day of joining while doing on boarding formalities, seeking family members names for settlement of Gratuity, insurance claim, death claims of final settlements.

While sending monthly returns, PF, ESI of new joinees, it is employer responsibility to submit respective (form 2) declarations along with contributions. How could they miss this procedure?

In absence of declaration, legal heir certificate will help in settling the nominee claim. Now a days, Tahsildar or MRO are empowered to issue family members certificate which will help to settle claims. For familiy certificate, you need to submit Voter card , Adhaar/Ration card and proof of living address. As first member of family, your mother will be eligible and then dependant family members - unmarried son/daughter who are minors. You need to submit nominee claim forms thru employer last employed. in case, employer resist to forward the same seek help of a legal counsel to represent the matter.

For releasing the pf payements , employer should authorise all the documents supporting claim forms. you need to attach legal heir, death certificate( in the case of normal death) , otherwise FIR, POST MARTEM, PANCHANAMA, savings bank account first page copy of the claimnt/s, preferbly State Bank of India , Passport photographs duly signed by employer

please approach employer to help in this regard