Payment denyed after receiving succession certificate
NILESH P KULABKAR
(Querist) 02 May 2012
This query is : Resolved
I HAVE BEEN GRANTED SUCCESSION CERTIFICATE TO CLAIM ALL THE DUES OF MY LATE WIFE FROM THE COMPANY WERE SHE WAS WORKING AND FROM POST OFFICE WERE SHE HAD DEPOSITED 96000/- IN MIS AND OPENED AN RD ACCOUNT.
MIS ACCOUNT WAS A JOINT ACCOUNT WITH MY SISTER IN LAW. KNOW POST OFFICE IS NOT ACCEPTING THE SUCCESSION CERTIFICATE NOR RESPONDING TO MY CORRESPONDENCE. NOR THEY ARE GIVING THIS AMOUNT TO MY SISTER IN LAW.
SECONDLY THE COMPANY WERE SHE WAS SERVING HAD MADE ALL THE PAYMENT LIKE PF, GRADUITY, ETC. AS PER THE LETTER THEY HAD GIVEN TO ME TO CLAIM THE SUCCESSION CERTIFICATE. THERE WAS ONE FUND OF APPX, 12.0 LAK WHICH WAS ONE DAY SALARY CONTRIBUTION OF THE EMPLOYEE. KNOW THE COMPANY IS STATING THAT AS THIS FUND IS OF THE EMPLOYEE'S OF THE COMPANY THEY WILL DECIDE WHETHER TO PAY OR NOT. COURT HAS MENTIONED IN THE SUCCESSION CERTIFICATE ABOUT THIS FUND TO BE HANDED OVER TO ME. STILL THEY ARE DENYING.
HOW TO CLAIM BOTH THIS AMOUNT
ajay sethi
(Expert) 02 May 2012
issue legal notice . if inspite of legal notice fails to make payment move consumer forum
NILESH P KULABKAR
(Querist) 02 May 2012
LEGAL NOTICE BOTH TO THE COMPANY AND TO THE POST OFFICE. ISSUING NOTICE TO POST OFFICE MEANS ISSUING NOTICE TO CENTRAL GOVT.
DO YOU THINK THIS WILL WORK OUT? OR CAN WE GO TO ADMINISTRATOR GENERAL TO GET THE CERTIFICATE TO CLAIM THE AMOUNT FROM POST OFFICE?
Guest
(Expert) 02 May 2012
Dear Nilesh,
So far as Post Office MIS and RD Accounts are concerned, the position of the P.O. is secure, as per the law. Even if you issue notice, the P.O. will not be bound to honour your claim, as according to the rules, if one of joint account holder dies, the account becomes a single account in the name of the survivor. So, your claim would lie only on your sister-in-law by virtue of succession certificate. However, the P.O. has taken a wise step by blocking the account seemingly as disputed one till that is not cleared from your side in favour of your sister-in-law.
About claims from the employer company of your wife, you may have to check whether there lies no nomination in favour of some one else. If there is no nomination, the company is bound to make payment to you, as her husband on account of the succession certificate.
Shonee Kapoor
(Expert) 04 May 2012
Simple and rightly advised by Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
