Father's pf fraudulently
Vivek
(Querist) 27 April 2014
This query is : Resolved
Dear Sirs ,
My father was a an employee of CIL , coal India ltd , Ranchi. who served the organization for about 10 years and died in harness in 2007.
My younger brother in collusion with my mother got a letter signed by me declaring i have no objection that my mother may be given all the PF , gratuty , bonus as per the coal mines rules and i have no objection towards her withdrawing all money from my deceeased father EPF account.
i was also informed that the money towards the EPF will be about 50-60,000 rupees and also i was advised by the duo that i must write in my NOC letter that i am in Germany (whereas i was very much in India) during the said period of making the NOC so my personal appearence whilst disbursement of the EPF may be exempted.
Now when i find out that Coal Mines Provident Fund account as well as the Family Pension Fund as per Coal Mines Pension Scheme, 1998 which has been made applicable to cover cases of death of Coal Mines employees, who died in harness after July, 1994. replacing the Scheme 1971 ceasing to operate by operation of law in 2004 only and my father who died in harness in 2007 was suitably benefitted and he should have got a sum of minimum 50 lacs.
what can i do.
pls help.
Kumar Doab
(Expert) 27 April 2014
The nomination is made to make the process of disbursement of funds easy.
The nomination does not overrule succession.
In case your father has not left any WILL on distribution of his estate you may ask for partition and claim form your mother, brother.
In the documents that you have mentioned in your post, apparently you have not relinquished your rights.
Obtain certified copies of papers showing disbursement of funds to your mother, brother.
However meet a local lawyer in person with documents on record and let your lawyer advise you on the merits finally.
Vivek
(Querist) 27 April 2014
my father made no WILL. and through my sources not only the mother and the son got the PF but also sold my fathers land in west bengal. for which i dont have records. but they sold i know and i know also that they forged my signatures there while selling the land. but their is hardly a way that i get any document for the said illegal transaction.
how can i get copies of the papers showing 50-60 lacs had been disbursed to them without my physical presence , there are some relatives of my mother who are in senior position in coal india who assisted and stood as guarentor.
now my mother and brother have stopped taking my calls and entertaining me by all means.
can someone help.
Kumar Doab
(Expert) 27 April 2014
Pursue thru RTI and obtain certified copies of all documents.
Or hire a lawyer/law firm.
or come to India personally and get everything done.
Land Transaction details can be obtained from Sub Registrar Office.
Vivek
(Querist) 27 April 2014
i was in mumbai when i signed the NOC. which my mother and brother told me to sign and also told me to state that i am in Germany so that my personal appearence may not be required.
can you help me . where do you practise.
Kumar Doab
(Expert) 27 April 2014
Regret don't know anyone in Ranchi or West Bengal.
You shall have to find lawyer/law firm and settle your T&C on your own.
If you wish to contact lawyer you can search LCI databank at:
http://www.lawyersclubindia.com/lawyers_search/#.U1zRKUeBmXU
Your near and dear ones can also guide you.
Vivek
(Querist) 27 April 2014
is there a possibilty that you take up the matter.
RTI is available wherever you are corresponding from.
I am in Mumbai.
Kumar Doab
(Expert) 27 April 2014
NO!
Regret don't know anyone in Mumbai, Ranchi or West Bengal.
You can route RTI thru PIO of Coal India Ltd. at Mumbai too!
Company must have a page on RTI on its website.You may go thru it.
An experienced person can guide you, a lawyer can do it, some NGO, Trade Union leader......................whom you trust can help you.
Govt. website on RTI:
www.rti.gov.in
Organisations/NGO like RTI India can also help you.
http://www.rtiindia.org/
Rajendra K Goyal
(Expert) 27 April 2014
you have said, you signed the NOC and wrongly stated in documents that you are in Germany. Now you want to say the NOC was taken misguiding you. Should you have any claim after such NOC.
You can not escape your liability for giving wrong information to withdraw the PF of deceased.
If the money was 50-60 K, you had love and affection for your mother and brother and signed even on wrong statement knowingly, but when knew the amount was high your claim came in existence, no love no affection and tone changed that they misguided you and you used your right to be misguided at that time and now want to get benefit.
Every body is wrong except you who signed knowingly that you are giving wrong information.
consult a local lawyer, show him the documents and ask him to guide you the way to get your share after your own mistakes.
Try to have amicable solution is another way.
Vivek
(Querist) 28 April 2014
hello Mr Goyal ji ,
you have written very correctly but the problem is that a mother or a brother can go upto such an extent just because of money was the last thing that existed in my mind.
the money was disbursed in 2012 but i didnt raise a voice but when i am in the worst financial situation and they have given a deaf ear and pay no heed that i came to this conclusion that they fraudlently and with an intention of decit obtained NOC from me so they can digest my fathers money among themselves less 1 Share.
Rajendra K Goyal
(Expert) 03 May 2014
You have a weak case in your favor, try for amicable solution.
Kumar Doab
(Expert) 04 May 2014
You have given NOC.The Dept has disbursed terminal dues accordingly.
For your share you may either settle amicable by negotiating or peruse legal route.
Consult a local lawyer with all docs on record.
Your lawyer may opine that since you are a legal heir you have force in your claim.
You may proceed further only after you have understood the merits in your case.
