Dear Sir,
I have a doubt regarding death cases in PF-related settlements. One of the employees ceased on 01.10.2017, but she passed away after leaving the service on 30.01.2018. Additionally, there is no KYC information available in the PF portal for this case. What is the process for PF settlement in this situation? Can someone please provide me with a response?
Thank you.
From India, Visakhapatnam
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2I have a doubt regarding death cases in PF-related settlements. One of the employees ceased on 01.10.2017, but she passed away after leaving the service on 30.01.2018. Additionally, there is no KYC information available in the PF portal for this case. What is the process for PF settlement in this situation? Can someone please provide me with a response?
Thank you.
From India, Visakhapatnam
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Hi Sreenivas P.
I am not clear from the information given in your query. What I understand is that:
1) She, an employee, had her service closed as of 1.10.2017.
2) She died thereafter on 30.1.2018 (after retirement or cessation).
3) No nomination was available in the office or EPF portal for her, if she had nominated anyone.
How to proceed in this case regarding the final settlement of the deceased employee. Let's not delve into why she did not file any nomination with her employer's office, despite it being the primary responsibility of the employer to obtain the nomination in the prescribed form. Now, it has become a legal issue. The practical solution is, if she was married and left her husband (or spouse), dependent children, it may be preferable to equally divide the settlement and credit it to their bank accounts or issue crossed cheques. Alternatively, ask the children to submit an affidavit, sworn before a Notary, and a No Objection Certificate to disburse the settlement to the husband, the legal father of their children. In order to avoid any complications or when there is no consensus among the legal claimants, then whoever produces the 'Legal heir' certificate from a competent court can be the recipient, which will also protect the employer from any litigations that might follow.
From India, Bangalore
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I am not clear from the information given in your query. What I understand is that:
1) She, an employee, had her service closed as of 1.10.2017.
2) She died thereafter on 30.1.2018 (after retirement or cessation).
3) No nomination was available in the office or EPF portal for her, if she had nominated anyone.
How to proceed in this case regarding the final settlement of the deceased employee. Let's not delve into why she did not file any nomination with her employer's office, despite it being the primary responsibility of the employer to obtain the nomination in the prescribed form. Now, it has become a legal issue. The practical solution is, if she was married and left her husband (or spouse), dependent children, it may be preferable to equally divide the settlement and credit it to their bank accounts or issue crossed cheques. Alternatively, ask the children to submit an affidavit, sworn before a Notary, and a No Objection Certificate to disburse the settlement to the husband, the legal father of their children. In order to avoid any complications or when there is no consensus among the legal claimants, then whoever produces the 'Legal heir' certificate from a competent court can be the recipient, which will also protect the employer from any litigations that might follow.
From India, Bangalore
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Sir,
succession certificate
A person who does not leave a will on his death is said to have died intestate. In such cases, the family members need to get a succession certificate to certify the legal heir who is entitled to claim the assets in accordance with the succession laws. It is mandatory for claiming assets such as bank balance, fixed deposits, shares, mutual fund investments, etc.
Application
A petition in the prescribed format must be made to the competent Civil Court—within whose jurisdiction the asset of the deceased is situated—by the legal heir claiming the asset. The petition should contain names of all heirs; details about time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Notice in newspapers
Once the petition is received, the court issues a notice in the newspapers along with notice to all the respondents. The notice calls for objections, if any, to issue succession certificate, and provides a period of 45 days to do the same along with necessary documentary proofs.
Issuance of certificate
On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate in favour of the petitioner
Court fee
Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered.
Points to note
1. A succession certificate is a mandatory document, but not always sufficient to release the assets. Death certificate will be required, apart from the additional requirements.
2. If the petition is not contested then the court usually issues a succession certificate in five to seven months.
From India, Pune
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succession certificate
A person who does not leave a will on his death is said to have died intestate. In such cases, the family members need to get a succession certificate to certify the legal heir who is entitled to claim the assets in accordance with the succession laws. It is mandatory for claiming assets such as bank balance, fixed deposits, shares, mutual fund investments, etc.
Application
A petition in the prescribed format must be made to the competent Civil Court—within whose jurisdiction the asset of the deceased is situated—by the legal heir claiming the asset. The petition should contain names of all heirs; details about time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.
Notice in newspapers
Once the petition is received, the court issues a notice in the newspapers along with notice to all the respondents. The notice calls for objections, if any, to issue succession certificate, and provides a period of 45 days to do the same along with necessary documentary proofs.
Issuance of certificate
On expiry of the time period, if the court does not receive any responses and no one contests the petition, the court passes an order on the succession certificate in favour of the petitioner
Court fee
Courts levy a fixed percentage of the value of the estate as a court fee for issuance of the certificate. This has to be paid in the form of judicial stamp papers of sufficient amount, after which the certificate shall be typed, duly signed and delivered.
Points to note
1. A succession certificate is a mandatory document, but not always sufficient to release the assets. Death certificate will be required, apart from the additional requirements.
2. If the petition is not contested then the court usually issues a succession certificate in five to seven months.
From India, Pune
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf