Dear ,
I have one doubt regarding the P.F.claim in case of a person where in the nomination has not been submitted in form no. 2 to the SRO P.F.
We have a case where in one staff member died (natural) and his nomination has not been submitted to p.f.office.
He is married , so pls. give me full guideline regarding this case.
s.m.kshirsagar
sr.executive - H.R.
From India, Nasik
I have one doubt regarding the P.F.claim in case of a person where in the nomination has not been submitted in form no. 2 to the SRO P.F.
We have a case where in one staff member died (natural) and his nomination has not been submitted to p.f.office.
He is married , so pls. give me full guideline regarding this case.
s.m.kshirsagar
sr.executive - H.R.
From India, Nasik
Hi my cousin died in November 2014 leaving behind his wife and dependent parents. His parents are seeking claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR deptt of my cousins company has written a note to his wife to provide required documents incase she wants to claim the PF amount. But his wife has not provided it till date.The company is not approving his parents claim for PF fearing it will create legal problem for them
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.
Regards
Surya Rout
From India, Delhi
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.
Regards
Surya Rout
From India, Delhi
Dear Mr. Patil, Make her wife to get LRS Certificate (legal representative) under order 22 of Civil Procedure Code from the court. Submit that certificate to the PF office.
From India, Kolhapur
1From India, Kolhapur
Hi my cousin died in November 2014 leaving behind his wife and dependent parents. His parents are seeking claim for his PF account as he had his mother as a nominee. His wife has broken all the relationships with his family. The HR deptt of my cousins company has written a note to his wife to provide required documents incase she wants to claim the PF amount. But his wife has not provided it till date.The company is not approving his parents claim for PF fearing it will create legal problem for them
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.
Regards
Surya Rout
From India, Delhi
Please let us know if there is a way by which his parents can submit their claim for his PF amount and if yes whats the procedure.
Regards
Surya Rout
From India, Delhi
As stated in above referred thread "succession certificate by widow to claim of amount" in the post dated 9.4.2015 therein, pf is payable to family members as defined under para 2(g) of the EPF Scheme. Then under para 70(ii) of the scheme it is payable in equal shares among family members. Even if dependant mother is nominee yet she has to distribute equally the shares among all legal heirs as defined under para 2(g). In case there are no family members then resort is to be taken under para 70(iii) for which there will be requirement of succession certificate. Pl refer to decision cited in earlier post wherein despite succession certificate, the pf was given to family members defined under para 2(g). It is a different matter that widow may obtain mandatory injunction against the nominee to get her share out of pf dues by asking interim injunction also from civil court.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
1 of our employee was death last month november 2015 but in nomination shows in p.f. side his husband name but wrongly the husband names shows father the name is same but they does father instead of husband what shall i do for this problem. how many form required for this if anybody knows help me.
From India, Delhi
From India, Delhi
Except for 
, every post has got some or the other incorrect assumptions about the topic being discussed. Correct Position can be explained as below:-
1. In an event PF nomination made prior to marriage is in favour of Mother and/or Father and the deceased has not amended the said nomination post-marriage in favour of wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (read para 70(1) with para 61 of the EPF scheme).
2. As per SC judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominees right to receive PF accumulation is merely a right as an agent to receive such payment however beneficiary rights over such payment will be as per the Succession Act. Mother and Wife both being Class 1 successor as per the Hindu Succession Act will be entitled to equal share in PF accumulation irrespective of who receives the payment as per the nomination. However, the employer by making the payment as per the nomination form would have validly discharged its obligation.
3. in case no nomination form is available, the payment can be disbursed to successor as per Section 8 of the Hindu Succession act subject to mutual agreement and indemnity in favour of the Employer to be signed and submitted by the beneficiaries.
Trust above clarifies.
From India, Udaipur
1. In an event PF nomination made prior to marriage is in favour of Mother and/or Father and the deceased has not amended the said nomination post-marriage in favour of wife, the PF accumulation of the deceased will still have to be paid to the persons (family members) as per the nomination form (read para 70(1) with para 61 of the EPF scheme).
2. As per SC judgment in the matter of Shipra Sen Gupta vs. Mridul Gupta (2009), it has been held that the nominees right to receive PF accumulation is merely a right as an agent to receive such payment however beneficiary rights over such payment will be as per the Succession Act. Mother and Wife both being Class 1 successor as per the Hindu Succession Act will be entitled to equal share in PF accumulation irrespective of who receives the payment as per the nomination. However, the employer by making the payment as per the nomination form would have validly discharged its obligation.
3. in case no nomination form is available, the payment can be disbursed to successor as per Section 8 of the Hindu Succession act subject to mutual agreement and indemnity in favour of the Employer to be signed and submitted by the beneficiaries.
Trust above clarifies.
From India, Udaipur
Sir my wife was a state govt. sevrvant in rajasthan. she died 6 months before. when she join the service she was unmarried and she nominated her father (father was also govt servant) for her Genereal Provident Fund. A few years after she got married with me but the nomination could not be revised/resubmitted due to lack of knowledge. Now due to her death I submitted death claim for GPF in SIPF deptt. The deptt. asking for family detail for DDO of my wife. Please tell me that nomination made before marriage would be treated invalid or valid. My claim as husband of deceased employee is valid or not. What shall I do in this matter?
From India, Jaipur
From India, Jaipur
Dear Mr. Kamal and Mr. Jawed Alam,
My brother in law had passed away on 17th January 2020. We do not know if the company gave him a new nomination form for his PF. However he has married my sister on 21st May 2018. We have the marriage certificate to prove the same. In his death certificate her name has been mentioned as WIFE. My sister has taken the responsibility of paying all his debts. However I would like to know if she can claim the PF and other settlements from the Company that my brother in law worked at. Also would like to know what are the benefits that she can claim. Please understand that he in laws are not supportive of her and she is 2 months pregnant now.
From India, Bengaluru
My brother in law had passed away on 17th January 2020. We do not know if the company gave him a new nomination form for his PF. However he has married my sister on 21st May 2018. We have the marriage certificate to prove the same. In his death certificate her name has been mentioned as WIFE. My sister has taken the responsibility of paying all his debts. However I would like to know if she can claim the PF and other settlements from the Company that my brother in law worked at. Also would like to know what are the benefits that she can claim. Please understand that he in laws are not supportive of her and she is 2 months pregnant now.
From India, Bengaluru
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