Getting gratuity, gpf, leave encashment etc, as legal heir

vijay kumar (Querist) 30 April 2014 This query is : Resolved
Sir,

My relative is unmarried sisster and only legal heir of deceased who expired working as inspector in JCI. She applied for benifits by producing death certificate and family members certificate, however department rejected the claim and insisting for Succession Certificate for getting benifits of her brother without mentioning amount to be received . On enquiry our family advocate informed that for filing for Succession certificate amount of benifits to be received is must.

Sir please guide me in this matter.

Yours faithfully

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Kumar Doab (Expert) 30 April 2014
She might not be nominee.

If she is dept. can discharge its responsibility by making payment to nominee.

She is not CLassI legal heir.

If she is the only legal heir then she may obtain succession Certificate from civil court.

In the meantime a notice to employer, dept may be submitted to not to make payment t anyone else.

Rajendra K Goyal (Expert) 30 April 2014
Write a letter to the department for informing the amount due so that the succession certificate can be applied.

Guest (Expert) 30 April 2014
Take help of RTI to ask the dues of each type of claim of the deceased employee to know the total amount for the purpose of obtaining succession certificate. Don't forget about employees group insurance claim and the life time arrear of his pay also along with gratuity, gpf and leave encashment. otherwise, you would have to take another successession certificate for the remaining amount.

Sudhir Kumar, Advocate (Expert) 30 April 2014
nothing more to add at this stage.

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