• PF pension - NOC required via court

Hi Sir/Ma'am,

One of my office colleague (Wipro) has passed away this year (May) from Covid and his family has applied for PF Pension.
As per Wipro Accounts Department, they need NOC from his parents to be sent via court to WIPRO office stating that they don't have any objection in allowing the PF pension to be drawn by his Spouse (2 Kids : 6yr Daughter and 1yr Son).

How can we send NOC approved from court to Wipro office.
Please advise.
Asked 2 years ago in Labour

4 answers received in 2 hours.

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8 Answers

There is no such procedure under  PF Rules for seeking NOCs through Court. It is unknown to law. She needs to submit Composite Form 10D, 5 IF, 19 and 20 enclosing death certificate, her pp photo. That will be sufficient. If there any problem, you can complaint to Regional Office, PF. Parents are not entitled to PF benefits only spouse can claim it.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

representative of the deceased cannot maintain a suit or proceeding against an employer of the deceased without obtaining succession certificate under Section 214, provided it is a debt or security sought to be collected. Thus, to receive family pension, a succession certificate is not necessary as it is neither a 'debt' not 'security'.

2) you can forward consent affidavit of other legal heirs 

 

3) for provident fund dues you can obtain succession certificate from district court 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

It seems the employer requires a succession certificate and letters of administration from a competent court. All the legal heirs have to apply to the city civil court/district court (as the case may be) through a local lawyer for the purpose. 

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Hi,  you can apply for the Succession certificate and once you get the order of the court same has to be sent to the Company. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear client, 

An NOC is a no objection certificate, the spouse has to declare her relationship with the colleague and state that she has no objections to allowing the pension fund. After the NOC has been made, she can approach the trial court and ask for its approval. To make the process simpler, she can request the approval of the NOC through an advocate. 

Thank you. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

There is no noc approved by court. Noc can be only given by parents. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

You may ask the wife and children to a suit for declaration claiming PF amount arraying the parents of the deceased  as  defendants. An interim application may be filed against such parent that they have no claim on such payments, thus court will pass interim orders immediately which enables to get the amount. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Court means, they may desire that this NOC may be sent in an affidavit format duly notarised by a notary public in the local, hence you may get a notarised NOC affidavit and sent it to the authorities concerned.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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