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Thomas Dohling (Service)     13 June 2012

Nominee vs family members

Subject was serving with Police department.  Became very sick with nobody to look after at place of posting.  Family member (sister) and other fetched him from place of posting to home location (family hometown) and cared for him.  But he died.  Police department approached for collecting PF/Gratuity/Other dues of the deceased.  Informed that a nominee (female) exists.  Deceased never informed family about wife (mistress?) nor was this person (nominee mentioned in Police records) available to take care of deceased during his severe illness.  Police official informed about this matter and have asked family (sister) to produce Court Order to stay disbursement of dues of deceased to nominee.  What can be done in this case?  (1) File case against unknown nominee for neglecting welfare of deceased and hence forfeit amount due to deceased? (2) Any other legal course of action.   Also, what documents need to be obtained for proper legal action.  Thanks.



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 June 2012

Yes a stay can be obtained against the department - restraining them from releasing PF/etc benefits till the dispute regarding legal heirships is sorted out.

1 Like

Thomas Dohling (Service)     13 June 2012

Thank you.  

In another case, a Police Officer was killed in an accident.  The Police department paid out some PF/other benefit accrued to his account to one nominee after she had obtained an affidavit claiming that she and the named nominee (different names) are one and the same person.  The Officer was staying with this person at the time of his death and had children together w/o legally marrying her.  His first wife (widow) is still alive and has children from him and has they have legal succession papers from the Court.  Will the first wife and her children be entitled to any benefit since they had never separated?  How could the Police department pay one party and not the other while the matter was in dispute?  What legal course of action is possible in this case?  


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