Respected Seniors, I seek your advice on the below-mentioned query:
Case of Nominee Dispute in a Semi-Government Organization
A person who was married twice dies of some disease. He was working with a semi-government organization. He nominated his elder son from his first wife for the job, and for the PF fund, his second wife was the nominee. Now, after his death, the first wife is claiming that she should also get half of the fund amount for the children's education, and the second wife doesn't want to. The second wife does not have children, but she needs the whole amount.
So, I want legal experts' advice on this - whether the first wife is also eligible to get the amount, even though she was divorced from that man, but she has two sons from him and the second wife is issueless. What should be the ideal solution for this?
Regards,
Roshni
From India, Chandigarh
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Case of Nominee Dispute in a Semi-Government Organization
A person who was married twice dies of some disease. He was working with a semi-government organization. He nominated his elder son from his first wife for the job, and for the PF fund, his second wife was the nominee. Now, after his death, the first wife is claiming that she should also get half of the fund amount for the children's education, and the second wife doesn't want to. The second wife does not have children, but she needs the whole amount.
So, I want legal experts' advice on this - whether the first wife is also eligible to get the amount, even though she was divorced from that man, but she has two sons from him and the second wife is issueless. What should be the ideal solution for this?
Regards,
Roshni
From India, Chandigarh
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Please ask the claimants to Bring the Succession Certificate from Competent Court & accordingly order of the Competent Court help the Successors to get the Dues.
From India, Pune
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470From India, Pune
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Dear Mr. Prashant, thank you so much for the reply. Can this be the final solution? I want to know if the second wife claims a succession certificate and if the first wife objects or interferes, what will be the outcome? Please reply.
From India, Chandigarh
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From India, Chandigarh
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Mr. Prashant has rightly suggested that you obtain a Succession Certificate from the Competent Court. As for your apprehension about the second wife claiming a succession certificate and the first wife objecting or interfering, it has no meaning because once a Succession Certificate is issued, there is no scope for such disputes. The Succession Certificate is governed under the Indian Succession Act, 1925. It is a legal and powerful document where your involvement is zero. On the other hand, if you involve yourself in deciding such cases, you may land yourself in trouble as the aggrieved party will surely take you to court. Although almost all Social Security Acts or Schemes contain the definition of Family, there are variations that can confuse readers. Advising the affected parties to obtain a Succession Certificate is the ideal solution.
Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Regards,
BS Kalsi
Member since Aug 2011
From India, Mumbai
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PF Withdrawal and Succession Certificate
I would like to add that PF withdrawal is not considered ancestral property for which a Succession Certificate is required. Only the nomination of the PF account holder is sufficient in such cases. A Succession Certificate is necessary only when there is no nomination made.
Additionally, the first lady is already divorced, and she may have remarried. In such circumstances, she has no rights to the property of her ex-husband, especially if it is not ancestral. Divorce signifies a complete separation in all aspects, and there is no longer any connection between the two individuals.
If further assistance is needed, please refer to the Hindu Succession Act.
Regards
From India, Panipat
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I would like to add that PF withdrawal is not considered ancestral property for which a Succession Certificate is required. Only the nomination of the PF account holder is sufficient in such cases. A Succession Certificate is necessary only when there is no nomination made.
Additionally, the first lady is already divorced, and she may have remarried. In such circumstances, she has no rights to the property of her ex-husband, especially if it is not ancestral. Divorce signifies a complete separation in all aspects, and there is no longer any connection between the two individuals.
If further assistance is needed, please refer to the Hindu Succession Act.
Regards
From India, Panipat
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PF-Circular-Suc cession Certificate.pdf
Death while in service letter for pf death claim.docx
PF Death case Composite Claim Form No 20,10D & 5IF.xls