• Provident Fund claim

In case of deceased employee, if the deceased employee is married and has got a child who is minor, but failed to make fresh nominations after marriage in Form 2. For settlement of dues, is Legalheir Certificate or Successsion Certificate is Mandatory.  Need Clarfication on this in line with inserts from PF ACT as under.

Section 2 (g) of Provident Fund defines family as 

"(g) “family” means—

(i) in the case of a male member, his wife, his children, whether married or unmarried, his dependant parents and his deceased son’s widow and children: &

Under Section 70 - "Accumulations of a deceased member to whom payable"

Incase of death

Section 70 (ii) states that
"if no nomination subsists or if the nomination relates only to a part of the amount standing to his credit in the Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall become payable to the members of his family in equal shares:"

Request you to help me out in this regard, is Succession Certificate Mandatory or Legalheirship Certificate is alone sufficient for claiming accumulations from Provident Fund.
Asked 3 years ago in Family Law from Chennain, Tamil Nadu
Religion: Hindu
1. A legal heir certificate shall be sufficient. 
2. The same can be obtained from your tahasildar or the area or the Revenue authority

The nominee is only the administrator.   The right. And share will go to the legal heirs. For a. Married man his wife and children and his mother if alive are legal heirs.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1. The provident fund act has not in so many words has clarified the preference or need of any particular kind of document a proof of succession.
2. Both SC or HC is valid proof of succession though the succession certificate is considered to be more valuable that heirship certificate.
3. I would recommend you to apply for SC only.
4. Nomination or no nomination , the retiral benefits gets equally divided among all legal heirs of the deceased.
Devajyoti Barman
Advocate, Kolkata
12832 Answers
166 Consultations

5.0 on 5.0

1) nominee is only trustee for legal heirs . 

2) legal heir ship certificate can be obtained for receiving provident fund dues from the employer 

3) make an application in the taluka office  in the prescribed form and enclose copy of ration card , death certificate and copy of service record of the employee . you would also need to file an affidavit in this regard . 

3) certificate is issued by Tehsildar within period of a month
Ajay Sethi
Advocate, Mumbai
45520 Answers
2676 Consultations

5.0 on 5.0

1) The legal heirship certificate can be obtained from the office of the tahsildar of your area. You need to apply in the prescribed format.
2) The nominee is always a trustee and by virtue of the same is not entitled to get a share.
3) The provisions in the PF Act clearly shows that in the absence of nominee the distribution will be equal among all legal heirs.
4) Therefore all that needs to be done is to apply for the legal heir certificate.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

The certificate for heirship can be obtained from the revenue authorities or the area tehsildar office by making an application to that effect. Attach the required particulars as mentioned therein.

The nominee does not get any share. He is only the trustee.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. Generally legal heir certificate is accepted in case of deciding about the title of immoveable properties,

2. In case of moveable properties, succession certificate is required to be produced.
Krishna Kishore Ganguly
Advocate, Kolkata
18493 Answers
448 Consultations

5.0 on 5.0

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