W.r.t. pf, gratuity and superannuation funds- right of husband and inlaws after marriage
Pragnya B Mishra
(Querist) 26 June 2014
This query is : Resolved
I married recently. I am a permanent employee of a manufacturing concern and am thus entitled to the statutory and other benefits arising out of my employment.
Please advise me as to how to secure the above entitlements and funds in favour of my Father, Mother and brother only in such a manner so that in case some mishap happens my husband or inlaws or my children in future are not able to claim to the amounts or enjoy it.
Is nomination in favour of father/mother or brother the surest way of ensuring that funds cannot go to my husband/ his family/our children in future??
Before marriage I already had stated my mother and brother as nominees. Do I need to freshly restate that to my company where I am employed and inform them that there is no change of nominees even though I am now married.
Kumar Doab
(Expert) 26 June 2014
Nomination does not supersede, overrule succession.
Nominee is just the hand to receive the proceeds and distribute to legal heir.
As per Hindu Succession laws the succession to the estate in case of married woman dying without leaving a WILL is well defined…………………and accordingly the right of successors shall be determined.
---1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
---• If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
• If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
You may let the Nomination Remain as it is, however retain the copies of Nomination Forms and write a WILL in consultation with your lawyer................
shrikant
(Expert) 26 June 2014
You may make will in favour of your mother ,father ,brother regarding statutory and other benefits arising out of your employment.
Guest
(Expert) 26 June 2014
Your company would be empowered to comply only with the nomination made under the provisions of the PF, gratuity and superannuation funds or on succession certificate granted by the competent court of law. However, your mother, father or brother won't be entitled to get succession certificate against the claim of your husband or children.
To act upon will in favour of any of your relative will not be within the scope of your employer to act upon, unless specifically directed by the competent court of law.
So, both nomination and will in favour of someone can work to debar others from making any claim.
