Can My Fiancée Be a Nominee in the ESI Form? Seeking Guidance on Formalities

Dear Seniors, Greetings! Can a fiancée be considered as a nominee in the ESI form? Is there any additional formality for the same? Regards

You can nominate your fiancé in ESI. There is no provision in the ESI Act similar to the EPF & MP Act and the POG Act. The nominee should preferably be the legal heir(s) or a person in whom trust is reposed to ensure the fair distribution of the claim to the real heir. In the online submission of Form-1, there are various options available. You can choose the 12th option of "Others" for nominating your fiancé.

Now, I have two questions to ask.

First question: In ESI online submission of Form-1, the nomination options are as follows:

1. Spouse
2. Minor dependent son
3. Dependent unmarried daughter
4. Dependent son receiving education
5. Dependent infirm son
6. Dependent infirm unmarried daughter
7. Dependent father
8. Dependent mother
9. Brother
10. Sister
11. Dependent son receiving education
12. Others

Does this mean that a major dependent son, dependent married daughter, dependent son not receiving education, non-dependent father/mother, etc., cannot be nominees? Or can they be included under "Others"? (Note: Options at Sr. 4 and at Sr. 11 are the same, which the corporation has not noticed until now.)

Second question: Why do many places such as banks, insurance companies, etc., reject nominations other than family members?

Experts are requested to comment.

Keshav is right, but I would say, why shouldn't he nominate his father or mother as a nominee now, and once he gets married, let him change his nomination to his spouse? I recommend not nominating your fiancée because, at a later stage, this may create a lot of confusion. Obviously, after marriage, the spouse will be the nominee as per the law. The rules of legal heirship also seem to provide that the successor should have a relationship with the person, and a fiancée has no such legal relationship until marriage takes place.

Regards,
Madhu.T.K

I would like to say that in the case of a married Insured Person, only the spouse of the IP should be the nominee in all cases. It will cause a lot of problems later on if a fiancée has been nominated as the nominee.

Regards,
R. B. Yadav
Advocate

First of all, the status of a nominee is that of a custodian, and they are supposed to hand over the money or assets to the successors/legal heirs. Hence, various authorities insist on family members as nominees to avoid disputes arising from the misappropriation of such funds or property.

Regarding a Fiancée as a Nominee

What's the hurry? Does the girl want to test the fiancé? Let them become man and wife. Anyway, a nominee claim arises only in the case of the insured's death.

Regards

Understanding Nomination in Form-1

The issue of nomination is addressed by Form-1. Point (C) of Form-1 requires the employee to provide details of the nomination in a tabular format. The table includes three columns: 1) Name, 2) Relationship, and 3) Address. A closer look at the columns indicates that the nominee must have a relationship with the employee.

The question arises as to what the nature of the relationship between the nominee and the employee should be. I believe that the relationship should be familial based on Regulations 11 and 12, as well as point no (2) of the instructions which outline a family definition. This definition lists various individuals who fall under the category of familial relationship. Notably, this definition does not include 'fiancée'. Additionally, in my opinion, a fiancée does not attain the status of 'spouse' unless the marriage is conducted according to the personal law of the employee or the relevant marriage laws of the jurisdiction, and therefore cannot be considered a relative of the employee.

In the case of an unmarried employee, dependent parents can be nominated. It is worth mentioning that Form-1, as provided in the Act, Rules, and Regulations, does not mention 'others' in the definition of family. Alternative perspectives on this matter are welcome.

Regards,
B. Saikumar
Mumbai

Why can't ladies nominate their husbands as their nominees? There is no relationship mentioned in the nomination list.

A lady can certainly nominate her spouse. Please find 'Spouse' rather than trying to find 'husband' or 'wife'!