PF related issue
Guest
(Querist) 29 August 2008
This query is : Resolved
Dear all,
I have one problem related to my Fathers PF money...My father died last year due to lever cancer he has worked as lecturer in a degree college in UP......in PF account my father make two nominees one is my mother and second is my elder brother 50% for each...my elder brother leave us alone few years back...my father make this nominee list in year 1979 when my sister and myself were not born after that he did not changed that nominee list......now my elder brother who never help us whether we were in deep trouble due to fathers health even he never came to see him once,he is trying to get those money anyhow...he is trying to convince each n everybody and nobody is helping us whether it is college adminstartion or whosoever .....and now we dont want to give him a single benefit of our fathers property ....my brother dnt deserve that.....according to the law if wife is still alive then for all the benefits of my father she will be first beneficial in each n every property of his husband.....
please advice us what we can do so that he dnt get any thng from my fathers individual property(except parential like property in village n all)....
it is now 9 months since my father dies we are not agree to forward that PF paper becoz we dnt want to give anythng frm that to my brother....pls advice we are ready in any case even we can give that whole money to charity.......
waiting for your quick response ......if u ppl can give me the details of any efficeient lawyer in delhi supreme court then it would be better becoz we know he will try everythng to get that money and we want to be ready in any circumstances....
thanks in advance.....
A. A. JOSE
(Expert) 04 November 2008
Dear Mr.Vikram,
It is by now a settled legal position that a Nominee has the authorisation for merely receiving the amount but he/she has no right over the same. Legal heirs of the deceased are the ones who have right over the amount received by the Nominee. Wife of the deceased and all sons/daughters of the deceased can have legitimate share over the money received by the nominee(s). Therefore, it is felt that you may better amicably settle the matter rather than exploring legal options and wasting your good money on litigation please.
With best wishes,
A.A.JOSE
