Meaning of Nomination
srinivas
(Querist) 02 May 2011
This query is : Resolved
My uncle died in the year 2009 who is a PSU. Actually he gave divorce to my wife's mother in 1990 and he maintained fatherly relationship with my wife and even he conducted our marriage.He maintained illegal relationship with one woman who is already married and having 2 sons with her first husband. That lady gave declaration on one occassion to the Asst.Comm. of Police stating that she married my uncle in 1984. But my uncle gave family members declaration first including her sons as my wife's own brothers. Later after getting the divorce he included her name as nominee by simply giving a declaration stating that he married that lady in the year 1990 for which his employer never insisted upon the marriage certificate. Now that lady got the family member certificate by producing tampered documents and received all the terminal benefits. Now my query is whether a nominee who is not at all a legal heir can enjoy all the benefits making huge loss to the original and blood relatives of the deceased by merely saying that she is the nominee. How can she be the legal heir as before my aunty's divorce she married to my uncle and she also not got divorced from her first husband and when the children were first wrongly mentioned by my uncle that they born to my wife's mother, how she can claim them as her children in the family member certificate. Please save me from this situation by providing ur expert opinion. Also she produced old and obsolete documents in support of her claim as legal heir but not any marriage evidence.
Ganesh Chavan
(Expert) 02 May 2011
You take a advice of Family Advocate and filed complaint challenging the validity of the marriage between that lady and your uncle and their marriage certificate,Court has summoned the original records from the registrar, hindu marriages. the order passed on the complaint filed on behalf of your Uncle. In complaunt alleged that the lady is already married and has not obtained divorce from her earlier husband, therefore, the alleged subsequent marriage between the uncli and that lady is itself void.
Guest
(Expert) 02 May 2011
An employee can change nomination at any time during service. Unless challenged by any one, the organization does not ask for any proof of relationship whatever he provides through the list of members he gives to the employer. He is also not asked to prove the relationship he mentions about the nominee in the nomination.
Since he divorced your mother-in-law, he severed his relationship with his wife. So, for family pension, if allowed by the PSU, only the wife or the minor children (after death of wife) become eligible. Along with minor children after the death of wife, daughter however can become eligible for family pension up to the age of 24 years or till she gets married, whichever is earlier. For other terminal benefits, only the duly appointed nominees becomes eligible to claim.
However, if you can prove that the other woman was not the duly wedded wife of your uncle and she had not divorced from her first husband, your wife along with her brothers can file a writ petition against her to claim the due terminal benefits. They can also make the PSU as party to the suit.
M V Gupta
(Expert) 10 May 2011
Your father in law himself delared in 1990 that he married the second woman and accordingly must have nominated her to receive the family pension. In the face of ur father-in-law's own decalaration it would appear very unlikely that legal action by u to get the woman disqaualified to receive the retirement benefits would succeed. However your wife will be legally entitled to clim her share in the gratuity and providend fund amounts as one of the heirs of her father. This is on the basis that ur faither-in law died intestate and without giving any nomination for these funds. Pl note even if a nomination has been given,the nominee will take the PF and gratuity amounts subject to the claims of the legal heirs of the deceased.
