Hi, I'm new to this. I have a question. If an employee is married and has nominated his parents for PF, gratuity, and insurance in an IT company, then after his death, can the widow claim for which amount? Additionally, what are the common death benefits that the wife can expect to receive from the employer?
From India
Acknowledge(0)
Amend(0)
From India
Acknowledge(0)Amend(0)
In this scenario, the PF, gratuity, and insurance are payable based on the legal heir obtained before the civil adjudication. Management has to deposit the amount payable before the controlling authority for disbursement.
From India, Madras
Acknowledge(0)Amend(0)
302From India, Madras
Acknowledge(0)Amend(0)
If an employer pays gratuity amount to the father and mother as per the nomination of the deceased, knowing that the deceased was a married person, then the action of the management can be questioned.
Whenever any employee gets married, his wife becomes the nominee for all legal purposes. The claim of the father and mother should be based on a legal certificate and approached before the appropriate authority.
From India, Madras
Acknowledge(0)Amend(0)
Whenever any employee gets married, his wife becomes the nominee for all legal purposes. The claim of the father and mother should be based on a legal certificate and approached before the appropriate authority.
From India, Madras
Acknowledge(0)Amend(0)
But employee can make nominee any member of his family mother/father/wife. These all comes into family. Then how I raise question on management.
From India
Acknowledge(0)Amend(0)
From India
Acknowledge(0)Amend(0)
Hi,
An employee can mention his choice as a nominee, but only when an untoward sudden incident like this happens does the problem arise, as all claimants (stating themselves to be legal heirs) would come into the picture. Therefore, management has to be a bit cautious while filling out or taking the nominee details. They should also hold such claims in the interest of the actual beneficiary if ambiguity exists.
The best option currently available is to suggest to the parents to give the share to the widow.
From India, Hyderabad
Acknowledge(0)Amend(0)
An employee can mention his choice as a nominee, but only when an untoward sudden incident like this happens does the problem arise, as all claimants (stating themselves to be legal heirs) would come into the picture. Therefore, management has to be a bit cautious while filling out or taking the nominee details. They should also hold such claims in the interest of the actual beneficiary if ambiguity exists.
The best option currently available is to suggest to the parents to give the share to the widow.
From India, Hyderabad
Acknowledge(0)Amend(0)
Venkata, the employer has already made the payment in Karnataka state. His parents belong to West Bengal, and I am from Uttar Pradesh. I am living with my parents in UP, but his parents and employer are not communicating by phone.
His parents had the intention to receive all the money, and the employer does not want to get involved in this matter after the payment. Now, my only option is to obtain a succession certificate.
Please let me know, can I get a succession certificate from the UP High Court, even though my husband passed away in Karnataka where we were residing in a rented flat? Also, we do not have any relatives in my in-laws' city in West Bengal.
From India
Acknowledge(0)Amend(0)
His parents had the intention to receive all the money, and the employer does not want to get involved in this matter after the payment. Now, my only option is to obtain a succession certificate.
Please let me know, can I get a succession certificate from the UP High Court, even though my husband passed away in Karnataka where we were residing in a rented flat? Also, we do not have any relatives in my in-laws' city in West Bengal.
From India
Acknowledge(0)Amend(0)
Nominee means a person who holds the estate/money on behalf of all entitled persons. As such, parents cannot claim money as their own and deny entitled members as per Hindu law.
Secondly, when a member acquires a family, rules for nomination under the EPF scheme 1952 are as follows:
Nomination:
A member has to give the names of the spouse and all children in the prescribed form. If the member has no family, one person can be nominated. However, such nomination will become invalid once the member acquires a family.
From India, Pune
Acknowledge(0)Amend(0)
Secondly, when a member acquires a family, rules for nomination under the EPF scheme 1952 are as follows:
Nomination:
A member has to give the names of the spouse and all children in the prescribed form. If the member has no family, one person can be nominated. However, such nomination will become invalid once the member acquires a family.
From India, Pune
Acknowledge(0)Amend(0)
EPF and Gratuity Nomination Rules
Para 61 of the EPF Scheme and Section 6 of the POG Act deal with the procedure for nomination to respective funds. According to this, the right of the nominee is restricted. In the case of an employee having no family, a nomination can be made in favor of any person. However, as soon as there is a member in the family, a nominee in favor of an outsider becomes void, and a fresh nomination in favor of any family member must be made. According to the Supreme Court in Shipra Sengupta's appeal (1999), the right of the wife to receive EPF is not destroyed due to the mother's nomination.
Insurance Nomination Rules
A nominee is a person whose name is written in the proposal form. However, the position of the nominee is settled now by the Supreme Court in Sarbati Devi v. Usha Devi (AIR 1984 SC 346). According to this judgment, a mere nomination under Section 39 does not confer on the nominee any beneficial interest in the amount payable under the insurance policy on the death of the insured.
From India, Mumbai
Acknowledge(0)Amend(0)
Para 61 of the EPF Scheme and Section 6 of the POG Act deal with the procedure for nomination to respective funds. According to this, the right of the nominee is restricted. In the case of an employee having no family, a nomination can be made in favor of any person. However, as soon as there is a member in the family, a nominee in favor of an outsider becomes void, and a fresh nomination in favor of any family member must be made. According to the Supreme Court in Shipra Sengupta's appeal (1999), the right of the wife to receive EPF is not destroyed due to the mother's nomination.
Insurance Nomination Rules
A nominee is a person whose name is written in the proposal form. However, the position of the nominee is settled now by the Supreme Court in Sarbati Devi v. Usha Devi (AIR 1984 SC 346). According to this judgment, a mere nomination under Section 39 does not confer on the nominee any beneficial interest in the amount payable under the insurance policy on the death of the insured.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
ESI-PF-Gratuity .xls