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Fou Zia   16 December 2021

Process to obtain guardianship certificate for pf

Hi, My husband died recently (In May this year) due to COVID. As a process to withdraw PF, the company (Private Organization) he worked with is asking me to provide a Guardianship certificate (intended for my Kids as they are minors). They said the natural Guardian for the kids is their Father-In-law but as he too expired last year they needed a Guardianship certificate from Court of Law stating that i'm the guardian for my kids.
Can you let me know the process to get the Guardianship certificate? and is it really required as I have already provided them with the Legal Heir notary.  

Note: I already provided them the Legal heir certificate(affidavit and notary) with the surviving family members list (Me and my kids).

Thanks,
Fou Zia



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     16 December 2021

Generally, EPFO obtains nomination, and in absence of the father (death), mother is a natural guardian under law.  Such guardian certificate is not known or the 'term" might have used by you.  If you have actual demand in writing from EPF, please post such objection point "verbatim"

First, get a copy of PF up-to-date statement from the employer.

Also, get the confirmation that the nomination is registered.

Then file online RTI to EPFO, seeking a single point of information and with a fee of Rs.10/-  Any citizen can seek this information in his name apart from you.

Information solicited:

1. Please provide me the copy of the notification/directive/order/ circular list of documents to be submitted for claiming PF of deceased husband by wife and the authority before whom the claim has to be made, and formats of such prescribed forms if any.

Hope that you have claimed and received a COVID benefit of Rs.50,000/- from Central Govt by filing such application online, as per SC judgment.

Anaita Vas   16 December 2021

If death occurred recently, you can apply to the Tahsildhar and get it.  

If the kids are your own you, are the legal guardian and you should just produce the birth certificate of the kids. If you are not the parent of the kids, you can contact an advocate and give the details that he is asking. He will make the arrangement for the legal guardian ship certificate.

Yes, it is safer to have the guardianship certificate.

 

Regards,

Anaita Vas

 

 

 

P. Venu (Advocate)     16 December 2021

The employer is overreaching. In the given facts, the mother (not the grandfather ) is the natural guardian of the children. If unavoidable you may serve a legal notice highlighting the legal position.


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