Claim by mother of deceased employee
V V SATYANARAYANA
(Querist) 13 April 2009
This query is : Resolved
Sirs,
One of our employee died in service. he has nominated his wife as his 'nominee' for receiving his P.F. & other death benefits provided under social security scheme.
Now his mother has put up a claim not to settle death benefits without settling her claim as she is the legal heir and entitled for 1/4th settlement of the deceased under Hindu Succession Act.
As I understand the Hindu Succession Act comes into play when the deceased dies 'intestate'.
Please suggest the course of action. Is she right in loding claim with the employer to stop settlement without settling her claim.
Please suggest the right course of action.
Y V Vishweshwar Rao
(Expert) 13 April 2009
I feel Settlement of account is to be completed and payment should be as per the entitlement of parties - till the mothers claim is settled - the benifits fianal settlement by the employer can not be sopped -
Swami Sadashiva Brahmendra Sar
(Expert) 28 April 2009
Dear sir! you need not bother about law of succession and you may proceed in accordance with service rules. so, you may ignore the claim of mother of deceased employee.
SANJAY DIXIT
(Expert) 26 May 2009
The matter will be resolved through the service manual / standing orders of the department.
