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aloukika (chemist)     01 December 2014

Dispute of claims pf gratuity

sir,  my brother of 28 years died recently i n usa  one year after marriage in an accident.now my parents are abandoned .his wife left him two months before his death .and since she left him she nis not even contact with my parents or my brother ,living in her maternal home.but after his death also she didnt come to our parents and dor funeral and other rituals in the mean while she put a petition in the court for 75 % of claim of insurance pf gratiuty, as my brother assigned my mother as nominee for all claims even after marriage. is there chances for us to  win the case



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 4 Replies

aloukika (chemist)     01 December 2014

Originally posted by : aloukika

sir,  my brother of 28 years died recently i n usa  one year after marriage in an accident.now my parents are abandoned .his wife left him two months before his death .and since she left him she is not even contact with my parents or my brother ,living in her maternal home.but after his death also she didnt come to our parents and do funeral and other rituals in the mean while "she put a petition in the court for 75 % of claim of insurance pf gratiuty, as my brother assigned my mother as nominee for all claims even after marriage". is there chances for us to  win the case

Adv. Chandrasekhar (Advocate)     01 December 2014

Mother and wife get equal shares, i.e., 50% in gratuity and Provident Fund as both belong to Class I heirs, irrespective of the nomination is in mother's name.

aloukika (chemist)     02 December 2014

Thank you sir for your reply ....

Kumar Doab (FIN)     02 December 2014

If the deceased was Hindu his ClassI legal heir are spouse, mother, children.... and all have equal share in the estate.... If the deceased has not left any will the estate shall devolve upon class I legal heir. The nominee is just the trustee and has to distribute the proceeds to legal heirs

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