Payment of gratuity in the absence of nomination

Sharath Babu (Querist) 09 March 2012 This query is : Resolved
With regard to payment of gratuity:

A lady employee expired. She had a minor kid and husband. She has not nominated anybody. Now the question is whether the entire gratuity amount is paid to Husband or to the minor kid or divide between Husband and minor kid.

Friends kindly advice what should be done and whom should the gratuity be paid in the absence of nomination?

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Kirti Kar Tripathi (Expert) 09 March 2012
n these circumstance, the best option you have to deposit entire amount of gratuity payable to the legal heirs before the Controlling Authority under Payment of Gratuity Act with request to make disbursement to the legal heirs/nominees in accordance with law. Normally this amount will be divided in two equal share one in favour of husband and another to minor. But Controlling Authority can deposit the amount payable to the minor in any interest bearing scheme with the condition that the same be paid to the minor on attaining the age of majority.

Arvind Singh Chauhan (Expert) 09 March 2012
As being legal heir both are entitled for gratuity amount. But father is the natural guardian of minor hence he is entitled to receive the amount.

If there is any problem, objection may be filed or civil suit for injunction may lie, that share of minor be deposited in fix deposit or direction may be issued to father in this regard.

Sharath Babu (Querist) 09 March 2012
Thank you very much for your valuable reply

Guest (Expert) 09 March 2012
Already replied through replies to personal chat by the querist. No more advice.

Ghanshyam Prasad (Expert) 09 March 2012
Only son is the legal heir of deceased lady.He is entitled to get entire amount.

Raj Kumar Makkad (Expert) 09 March 2012
Both husband and child are equallu entitled to. The share of the minor may be ensured to be kept in FDR till he becomes major and his father naturally may be his nominee.

Kirti Kar Tripathi (Expert) 09 March 2012
Dear Ghanshyam
Husband is also legal heir of his deceased wife.

RAJU O.F., (Expert) 10 March 2012
Normally the employer had to obtain nomination of the employee, it is strange that nomination was not made. First confirm whether nomination was recorded by the employer. If there was no nomination, the gratuity amount has to be paid to the legal heirs of the deceased lady.