If he have made his second wife and her daughter a nominee for pf, pension and jib purpose written in nomination document then they will receive it. If nomination documemt does not contain any such written detail then other heirs can also claim.
Who can claim the benefits such as pension, compassionate job, and PF post death of a govt employee?
Kindly answer the query. My grandfather, a professor just deceased few months before his retirement. His first wife was passed away and then he married again. He had 5 children (2 sons and 3 daughters) from his first wife, all of them are married and just one daughter from the second wife who is under 18 at the moment. He nominated just two names, his second wife and the daughter (from the second wife) and left out all the children from his first wife. Now, after his demise, who will be given the benefits (1. PF amount, 2. Pension, 3. Job on compassionate ground)? Is it just the nominee who will be bestowed with all the benefits and his heirs will be deprived of all that or his heirs (children from his first wife) can also claim the benefits??
Asked 5 years ago in Property Law
Religion: Muslim
12 Answers
Kindly also illustrate the process which should be followed and all the necessary proofs/documents for this matter. And elaborate on the limitations of share in all the three benefits mentioned previously. And kindly share your suggestions/legal advices that you seem important to be followed or things to be remembered in the process. Thank you,
Asked 5 years ago
Hi,
Since the second wife and her daughters have the nomination, they Will be given first preference for all those things. However, the children from first wife may claim their share.
On demise of grand father his children from first wife , second wife , her daughter would be the legal heirs
2) nominee is only trustee for legal heirs
Apply for succession certificate from district for provident fund , other assets of deceased in name of legal heirs
2) enclose decreased death certificate
3) it should not take more than 6 months to obtain succession certificate in name of legal heirs
4) The philosophy behind giving compassionate appointment is just to help the family in harness to get over the immediate crisis due to the loss of sole breadwinner. This category of appointment cannot be claimed as a matter of right after certain period, when the crisis is over. More so, the financial status of the family is also to be looked into as per the scheme framed by the employer while giving compassionate appointment and such appointment cannot be conferred contrary to the parameters of the scheme.
I forgot to mention an important point that after the death of my grandfather, his second wife filed an affidavit stating that she is the only wife and has the only daughter in succession and sneakingly tried to appropriate all the benefits and PF money and deliberately depriving all other heirs from the PF benefit. In this situation, what kind of case it becomes?? Because she holds majority in the society and has expropriated almost all things belong to my grandfather such as documents etc. It's just a legal way which, if possible, can assure benefits to other heirs as well, and which she doesn't at all want it to happen. She is using various kinds of forces. In this situation, Is the mere sole nominee who will secure the rightful ownership of the entity, relevant benefits in this case or all his heirs would be given the benefits equitably as according to succession law applicable?? And is filing an affidavit filled with erroneous information not amount to an open violation of law with the intention of inflicting pain to other heirs and having ill-will against them? Kindly give detailed legal view in this case. Thank you,
Asked 5 years ago
As mentioned earlier nominee is only trustee for legal heirs
2) write to bank not to hand over PF money to second wife as deceased is survived by 5 children from first wife
3) apply for and obtain succession certificate from district court in name of legal heirs
a nominee is only a custodian and not the owner of assets, and is legally bound to transfer the assets to the legal heirs.
Hi,
As per your input, the second wife has concealed material facts and in these circumstances; you may approach the respective authorities of your grandfather's department and you may also file a case for injunction restraining to release money only to second wife and her daughter.
1. Nominee can not take away the rights of the legal heirs.
The other legal heirs also has the right, in case he has passed away without a will
Death certificate and the family chart will have to be filed, contending thereupon the share of each of the legal heir.
A suit will have to be filed in the civil court.
Get in touch with a local lawyer for the same
The terminal benefits can be sanctioned in favor of the named nominees in the service records.
The other legal heirs may not be eligible for any claim in that.
However in respect of employment on compassionate grounds to one of the legal heirs of the deceased employee who is reported to have died in harness shall depend on how the legal heirs decide to nominate one among them.
If you are still insisting on getting a share in the terminal benefits, you may send an application on behalf of the other legal heirs to the employer requesting for a share in it, let them give a reply after which you may decide about further legal course of action.
The legal heirs subject is different to that of the nominee to the service benefits i.e., she as a nominee is eligible for family pension and other terminal benefits hence it may not maintainable even if you would try to fight it out legally with regards to the service terminal benefits.
You may fight for other assets, i./e., for the immovable properties left behind by him and reported to have died intestate.