Regarding gpf dept
ADV KAMAL JADHAV BANGALORE
(Querist) 18 June 2014
This query is : Resolved
Hi there
Good Evening to all our seniors.
Sir, i am from bangalore practicing as a junior consel in bangalore.
i have one query regarding one of my CLIENT's his father was working in central jail as a B grade jailor. while he was on duty he died in accident. now his fathers GPF (gratuity pension fund) is stucked in concerned department. already he has given notrised documents For Ex death certificate and related to all documents etc in same concerned department. but want his fathres GPF as a legal heir but they are asking file a case (suit) in court and you get a legal heirs documents.
COULD YOU PLEASE SUGGEST ME WHAT IS THE PROCEDURE TO GET THROUGH COURT LEGAL HEIRS DOCUMENT TO PRODUCE THE CONCERNED DEPT.
Many Thanks in advance.
Kumar Doab
(Expert) 18 June 2014
If the nomination is registered in service record then the dept can discharge the payment to nominee..............
Nomination should have been registered.
Clarify from the dept they want legal heir or succession certificate.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
has the employee filed nomination as reqauired :-
(i)under GPF(CS) Rules for GPF
(ii) CCS(Pension) Rules for pension and gratuity.
(iii) under CGGEIS for Gp Insurance.
was he married.
Rajendra K Goyal
(Expert) 19 June 2014
Nomination must be existing in the records, please check, if department not cooperating ask through RTI.
If nomination exist the proceeds can be disposed off accordingly.
The department may be asking succession certificate and not the legal heir certificate. Succession Certificate is to be got from the court.
V.T.Venkataram
(Expert) 19 June 2014
Accrding to the act, It is payable to the nominee or nominees as the case may be on whom the Government servant has conferred the right to receive DCRG in the nomination form.
If there is no nomination/nomination filed does not subsist, it is paid to family members eligible under the rules in equal shares
You will have to apply to the Tahsildar of the Taluk within which the deceased last permanently resided. you can ascertain the address from Karnataka State Government, Bangalore area, taluk etc.,
R.K Nanda
(Expert) 19 June 2014
agree with experts.
Sankaranarayanan
(Expert) 19 June 2014
Succession certificate will help to solve the problem
Sudhir Kumar, Advocate
(Expert) 19 June 2014
before agreeing or disagreeing with need of succession certificate. I repeat
has the employee filed nomination as reqauired :-
(i)under GPF(CS) Rules for GPF
(ii) CCS(Pension) Rules for pension and gratuity.
(iii) under CGGEIS for Gp Insurance.
was he married.
ADV KAMAL JADHAV BANGALORE
(Querist) 19 June 2014
Dear Experts and Sudhir kumar sir
He was married and his age was around 54. he has left 2 sons and 1 daughter.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
I repeat
has the employee filed nomination as reqauired :-
(i)under GPF(CS) Rules for GPF
(ii) CCS(Pension) Rules for pension and gratuity.
(iii) under CGGEIS for Gp Insurance.
I add
(i) in whose favour the nominations are.
(ii) what about his wife?
T. Kalaiselvan, Advocate 
(Expert) 22 June 2014
If the department is insisting to produce the legal heirship certificate, it means that your client's father either has not nominated in his service records or the nomination stands invalid due to several reasons. Therefore, you may advise your client to apply for succession certificate from a court of law under the succession act which will solve the issue.
Sudhir Kumar, Advocate
(Expert) 23 June 2014
in the absence of complete reply, it is assumed that there are no subsisting nominations. In such case view of Mr Kalasiselvan hold good.
If facts are different then please revert back.
Sudhir Kumar, Advocate
(Expert) 23 June 2014
Inspite olf above views
I repeat
has the employee filed nomination as reqauired :-
(i)under GPF(CS) Rules for GPF
(ii) CCS(Pension) Rules for pension and gratuity.
(iii) under CGGEIS for Gp Insurance.
(iv) in whose favour the nominations are.
(v) what about his wife?
ADV KAMAL JADHAV BANGALORE
(Querist) 23 June 2014
Dear Sudhir kumar sir and seniors thanks for your valuable reply a with knowledgeable suggestion
i don't know exactly about the nominations.
sir once he rearched me i'll just let you the facts.
Again thank you so much for your help.
