nominee and guardians
neelakshi
(Querist) 02 August 2009
This query is : Resolved
A woman in governemnt service died intestate. she is survived by a minor daughter. she was separated from her husband for last 10 yrs but not divorced.she had nominated her maternal aunt (mother's sister) in her provident fund account.
1)Does the nominee have the right receive the provident fund amount,in this matter, as accoridng to the definition of nominee- the nominee is a trustee and not the owner.
2)As the child of the deceasesd woman is a minor, is it mandatory to make the nominee of the provident fund account a guardian of the minor child?
3)Can the maternal uncle (deceased woman's sisters husband)become the guardian of the minor child as the father is residing separtely for the last 10 yrs. and does not look after the welfare of the minor child?
Murali Krishna
(Expert) 02 August 2009
1. Under PF Act, nominee shall receive PF amount. Yes, nominee is a trustee but not owner of the money.
2. Since nominee is trustee of the money, he/she is obliged to pay the same tot he rightful person. Hence, no need to make nominee as guardian of minor child.
3. Father is natural guardian of the child. In case of neglect of the child proved, and application for appointing guardian is filed before court, any person can be appointed as guardian.
Y V Vishweshwar Rao
(Expert) 02 August 2009
Mr Murali Krishna Explained in detail and it is correct !
Advocate SK Rohilla New Delhi
(Expert) 03 August 2009
Dear Nenakshi,
Since wife is only seprated and not divorced, her status remains that of wife only.
It is correct that nominee is trustee of her PF Amount but she is bound to dispose the money in accordance with directions made by her deceased sister. If no such direction is made than she has to divide the amount equally between daughter and her sister's husband. Now father is sole and natural guardian of her daughter. In this case, nominee can seek assistance of court for her appointment as guardian of daughter to protect her interest and care her welfare.
