Anonymous
My husband passed away in January 2020 and my mother and father inlaws passed away in 2018. Due domestic violence I left house six years back. My husband nominated house EPF, gratuity and COMMUTATION to her sister. Can I claim without succession certificate?
Priti.

From United States, Marietta
meera-kaura-patel
3

Hi Priti,
Nomination only entitles the nominee to receive such funds from the concerned authority, but that does not mean that the legal heirs would not have a right to receive them. You should ascertain some facts first - Did he leave behind a will? If he left behind a will and bequeathed such funds to his sister, you would have to challenge the will when probate or letters of administration is filed by sister. You should also get a succession certificate in the meantime to claim your rights. So long as you were not formally divorced (i.e. a decree obtained through courts) and there is no will, you / your children (if any) are class 1 legal heir and have rights over and above his sister. But I think you would not get the EPF, Gratuity, commutation, etc. without succession certificate.
Best,
Meera Kaura Patel
Partner, LawCircle

From India, Delhi
Anonymous
1

For EPF claim you may approach to regional EPF commissioner. Considering the all evidences and situation PF commissioner may give decision in your favour.
From India, Delhi
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