Struggling to Access Late Husband's Dues: How to Handle NOC and Legal Heir Document Issues?

I lost my husband in August 2022. His company is requesting an NOC from both in-laws to clear his dues. His Group Term Life Policy and PF clearly mention me, his wife, and our minor daughter as nominees.

I am struggling with finances every month as I am already paying the home loan EMI and other house expenses, also taking care of expenses for our daughter and myself from my salary.

I informed the company that my in-laws are not working but have a good financial background. Getting an NOC from both parents is difficult. They have already taken the LIC amount, and the house is in his mother's name.

Now the company is asking for a legal heir succession document issued by a judge. The cost to procure the document is almost 1 lakh, and it takes about 2 months to obtain it.

Even if I go through the Labour law, it costs a good amount.

Please guide on how to proceed further.

Hi, I am very sorry to hear about your situation. Not sure if you have applied for a Legal Heir Certificate and received it.

Legal Heir Certificate

As per the Legal Heir Certificate issued by Taluk Headquarters, the nominees for the deceased will be the surviving wife/children and surviving mother of the deceased. You may consider discussing with your in-laws and reaching a compromise with one share to be given to the mother-in-law, so that you and your child will each receive one share. However, the employer might require a self-declaration from all parties on stamp paper, and your in-laws should be willing to sign the same.

Succession Certificate

In most cases, employers tend to request a Succession Certificate only when there is a dispute between the nominee and the in-laws. The purpose is for the employer to protect themselves, ensuring that no party raises a dispute and goes to court over the finalized share percentage being unilaterally favored towards one party. Given the strained relationship with your in-laws, obtaining a Succession Certificate would be the prudent and wise decision.

A Succession Certificate will be issued by the District Judge of the relevant jurisdiction. While it may be a lengthy process, the District Judge will provide equal opportunity to all parties involved to present their arguments through multiple hearings, ultimately deciding the percentage of the share to be allocated to each applicant based on various factors such as age, employment status, assets owned, etc.

You may choose to be represented by an advocate to emphasize the importance of the settlement for the well-being of your child's future, educational expenses, day-to-day survival, etc. Your qualifications may also be assessed as a criterion to determine if you are capable of future employment.

Although it is easier said than done, I understand the hardship you are currently facing. I wish you a swift and amicable resolution.