Non release of providend fund claim
Nariman Bhote
(Querist) 19 December 2011
This query is : Resolved
Sir,
My younger brother died on 28th Feb 2011, at Coimbatore. He was a Doctor with KG Hospital, at Coimbatore for the past 23 years, being head of the blood transfussion dept and died due to ill health and organ failure, while on duty.
He had nominated me in his Providend Fund A/C, to receive all moneys due, in event of his death.
The hospital forwarded all the relevant papers to the PF dept, in Coimbatore, to help me claim the amount due and I also submitted my details, including proof of my identity/residence, etc. I live in Mumbai. Both my parents are dead long ago (mother in 1982 & father in 1984). I have one sister (elder to me, living with her husband & family in Mumbai). My brother who expired, was a bachelor all his life and had never married or had any other dependants or children whatsoever, and no property in his name, or anything. He died at age 54.
The PF dept has not yet (its over 9 months now) settled my claim. They have returned the papers to the hospital (his employer), stating they require a legal heir certificate. I had also provided a copy of the legal heir certificate (which in 1984 I obtained from Coimbatore Tasildar's Office, after my parents died), stating that only us 3 children, were the legal heirs. In spite of this they now want and insist on a legal heir certificate to be obtained for my brother.
I do not understand the logic -- when a person has specifically nominated someone to receive the share/amounts due in a particular case, why they insist on a legal heir certificate now? What is the purpose of nomination, (if this be the case), be it in any matter? As far as I understand, you can nominate any person (not just a blood relation) to receive your largesse...be it your bank balance, fixed deposits, property or any any matter...
I request you to please help and advise, what I should do in this matter? Is it necessary, in the 1st place to produce a legal heir/succession certificate, when you are already named the nominee ?
If so, then how do I go about obtaining this certificate. As I mentioned earlier, I live in Mumbai and ther is no one now in Coimbatore. Pls advise and help. Many thanks,
Nariman Bhote
Guest
(Expert) 19 December 2011
First of all, in nomination case no succession certificate is necessary. Only proof of relation is necessary.
Secondly, succession certificate pertaining to your heirship with particular reference to your father or mother may not work in this case with particular reference to your younger brother vis-a-vis his own family members, if any. You will have to obtain succession certificate in connection with your younger brother and his own family members only.
prabhakar singh
(Expert) 20 December 2011
Your understanding about rights of nominee is correct.They can not legally insist for any succession certificate in your case.you should consider moving to consumer court.
vasant kulkarni
(Expert) 20 December 2011
YOU ASK THE DETAILS OF NOMINEEAND OTHER RELEVANT DETAILS UNDER RTI ACT.YOU CAN FILE ON LINE COMPLAINT TO PF OFFICE.YOU CAN AS A NONIMEE HAVE THE RIGHT TO RECEIVE THE BALANCE AMOUNT.
LASTLY YOU CAN MOVE CONSUMER COURT.
