Epf claim
kimmy
(Querist) 25 March 2014
This query is : Resolved
Hi,
Iam a married woman with 2yrs daughter. My husband expired 5 months ago. He has not changed his nominee details after marriage. He nominated his mother for his epf account which is unchanged after his marriage.
Now since my mother in law is the nominee she refuse to give me the money to me and my daughter.
Could some please suggest what shall i do, even my both in-laws are pensioners still they want the money of my husband.
Am i eligible for the epf claim, if so what is the process.
Vidhi Joshi
(Expert) 25 March 2014
1. With the help of your elders in your family circle try to impress upon your in-laws your legal rights and agree for an amicable settlement acceptable to you.
2. Immediate:
i.Send notices to all the concerned officials stating that - you are the legal wife/heir and also acting on behalf of your children and all the benefits/payments relating to your husband should only be settled to you and they shouldn't act on the basis of the old nominations filed by your husband prior to your marriage.
ii.File claim forms (in the prescribed format) with the concerned officials for PF, Gratuity, leave salary, salary dues if any, Insurance etc. and carefully obtain acknowledgement of filing these claims.
2. As a precaution, immediately file a petition in appropriate court and obtain a stay/ injunction against any payment of your hubby's benefits. This will avert any danger of early disbursement based on these nominations.
3. Also file petition to obtain "succession/legal heir certificate" in your favour (this should also include your children including minors, you as guardian).
4. You may use the help of an advocate in all these process to avoid any problem.
Rajendra K Goyal
(Expert) 25 March 2014
Nominee is the trustee of the legal heirs and not the only beneficiary of the proceeds.
Agree with the expert clone_panvel, move as advised.
kimmy
(Querist) 25 March 2014
Thank you for the valuable suggestion.
