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Vishal Salvi   17 August 2023

Pf insurance claim

Kirtikumar Vasant Salvi, who has passed away, had a wife and a son. Tragically, he passed away on May 9th while still in service. Compounding the situation, his wife has been bedridden for the past 18 years due to Multiple Sclerosis, resulting in limited mobility (around 100% impairment in her legs and 70% in her hands). Consequently, her Aadhar Card was never registered, and she possesses only an Election Card for identification purposes. Her bank account remains frozen due to the absence of an Aadhar Card.
In this situation, can his son use a notarized power of attorney to claim the PF, pension, and insurance money?



Learning

 5 Replies

Chetan Parmar   18 August 2023

I'm sorry to hear about the circumstances. Addressing such situations requires a meticulous approach. While I can provide a general overview based on the information you've provided, you should consult with a local attorney or relevant professionals to navigate the specifics of the case.

  1. Power of Attorney (PoA) for Financial Transactions: A notarized PoA can be used to handle financial transactions and other matters on behalf of another person. The PoA should clearly spell out the rights and powers given to the son to act on behalf of his mother.

  2. Validity of PoA: In cases involving financial institutions and government agencies, they may have their specific requirements regarding the acceptance of PoA. Before proceeding, you might want to consult with the specific PF office, insurance company, or pension agency to understand their requirements for recognizing a PoA.

  3. Aadhar Card Issue:

    • Aadhar has become a crucial identification document in India, especially for banking and certain government-related transactions. However, in exceptional cases, the Aadhar enrollment can be done at home for those who can't move out due to illness or disability. You can request a home visit by contacting the Aadhar authorities or through the Aadhar website.
    • Consider getting her Aadhar card made, even if it involves an at-home registration process, as it will ease many future transactions.
  4. Alternative to PoA: If PoA seems to be a complicated route, the son can consider applying for legal guardianship of his mother, given her condition. Being a legal guardian would enable him to manage her financial matters and make decisions on her behalf.

  5. Immediate Steps:

    • In the interim, for urgent matters, the son can write to the respective authorities (PF office, insurance company, pension agency) explaining the situation with all necessary medical proofs. They might provide a temporary solution or guide on the best course of action.
    • Regarding the frozen bank account, you can approach the bank with medical documents and other proofs to explain the situation and see if they can provide any immediate relief or solutions.
  6. Legal Consultation: Given the sensitivity and complexity of the matter, I'd strongly advise getting in touch with a legal expert or advocate familiar with such cases in India. They can provide a more detailed and tailored solution.

Please note that while this overview provides a general guideline, the specifics of the situation might require a different approach. Always rely on expert advice for such matters.

Sudhir Kumar, Advocate (Advocate)     19 August 2023

No.          

P. Venu (Advocate)     19 August 2023

In my understanding, the son, if a major, could be authorised through GPA.

Vishal Salvi   21 August 2023

Then what would be a possible solution.

Sudhir Kumar, Advocate (Advocate)     25 August 2023

In the first place you have not stated whther this govt pension of EPFO pension.

The problem has multiple faces

 

1.      Freezing of bank account

 

Without bank account operative nothing can be done,  Adhar card has to be made even if request is to be made to the official for home visit.

 

2.      Operating  bank account.

 

Once the account is operative the same can be operated by son based on authorization contact manager for the same.

 

In this situation you will need lawyer only if Adhar Card authorities refuse home visit and directions may have to be sought from High Court under section 226. One is not deprived of the right to have adhar card if bedridden.


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