Legal Heir/Succession certificate

Querist : Anonymous (Querist) 26 August 2010 This query is : Resolved
Sirs,

One of our employee has died while in service. He has nominated his wife as to receive his terminal dues in P.F., Gratuity etc.

Now the deceased's mother & father are raising dispute that they are entitled to share of final settlement of the deceased.

The widow of deceased has produced 'Proper Person Certificate' issued by Tahsildar that she & 2 minor sons are the family members. The parents of the deceased were pre-deceased to him.

The Tahsildar declared the widow as Proper Person to receive Salary and all other benefits from the Company.

Members are requested to kindly clarify:

a) based on the Proper Person Certificate issued by Tahsildar, can we settle all the final settlements (since the deceased nominated the widow) to the widow of the deceased ?

b) whether we should insist succession certificate issued by competent court ?

c) whether we can be dragged into litigation by the parents of the deceased?

kindly guide the course of action we should follow.

Thanks.

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s.subramanian (Expert) 26 August 2010
When a dispute has arisen,it will not be proper for you to decide it yourself and make the payment. However frivolous the claim may be it would be proper and fair to advise the parties to approach the courts and get their rights declared with regard to their respective claim. Based on that,you can act further.

Rajeev kulshreshtha (Expert) 26 August 2010
As the widow is has nomination, you can made payment to widow on behalf of nomination because the nominee has only withdrawing power the amount shall divide into all heirs.if you don't want to go into complications you can direct parties to get succession certificate.

G. ARAVINTHAN (Expert) 02 September 2010
Since widow is the nominee, she can be given the terminal benefits.

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