Benefits payable on Death - Dispute b/w parties

Hello Learned Members,

I have a situation in our company where the deceased employee has not updated her nominee details for any of the benefits(Life Insurance, PF, Gratuity etc.). Both the parents and the spouse of the employee have given written letters asking for us to settle the claim in their favour. There is a dispute between them.

We tried to mediate between the parties, however both parties wont agree.
I'm aware that the next step is to remit all the payments due to the employee before the Labour authorities.

I want step by step guidelines on how to remit the payments before the Labour Authorities. Kindly guide and share your knowledge & thoughts on this.

Regards,
Duhsyanth.A.L

Dear Dushyanth,

The subject comes for discussion again and again. You may check the following links for the past discussions:

https://www.citehr.com/629602-legal-...e-parents.html

https://www.citehr.com/595259-wife-c...ee-father.html

https://www.citehr.com/632533-nomine...ed-person.html

https://www.citehr.com/255385-pf-cla...wife-left.html

Thanks,

Dinesh Divekar

Hi Dushyanth

Hope you had collected Marriage Registration certificate, Legal Heir certificate from the parties concerned.

In case of dispute between spouse and Parents of deceased, direct them to apply for Succession Certificate through competent Court. Usually, a succession certificate is the key in the absence of a will, a succession certificate will be the primary document through which the heirs can claim to the assets of a deceased relative.

In this regard, instead of remitting the amount to labour commissioner, it is better to settle by establishing a legal agreement with mutually agreed distribution ratio amongst the claimants.