Provident fund nominee

Querist : Anonymous (Querist) 09 January 2012 This query is : Resolved
Dear experts
my father was working in government office .
he had his second wife and have two children from that wedlock. he was living separately for almost twelve years with his second wife
recently he expired. first he had made my mother as nominee when he got second marriage he had made his second wife as the nominee in provident fund. Now both my mother and step mother are fighting for that money. plz explain what the pf laws says and who is eligible to get that money my mother or my step mother

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V R SHROFF (Expert) 09 January 2012
Only your mother succeed.
Your father cannot include or nominate and change name, or include name of second wife without divorcing your mother.

You did not disclosed when was your mother divorced?? what was the order, for maintenance of your mother, and terms of divorce.
it is material, to decide your case.

Deepak Nair (Expert) 09 January 2012
Agree with the opinion of Mr.Shroff.
Your mother is the legal nominee of the PF.

Deepak Nair (Expert) 09 January 2012
Please clarify the queries of Mr.Shroff for appropriate answer.

Rajeev Kumar (Expert) 09 January 2012
Agree with the view of shroff. Only your mother is legal nominee.

Rajeev Kumar (Expert) 09 January 2012
What is your religion and also clarify the queries asked by shroff for apporopiate reply

ajay sethi (Expert) 09 January 2012
agree with Mr shroff advice . the first wife has rights for money lying in PF account not second wife

Sailesh Kumar Shah (Expert) 09 January 2012
Accurately replied by Mr.Shroff upto extent of provided information by you.

M/s. Y-not legal services (Expert) 09 January 2012
am also agree with shroff sir's view..

unless your father divorced your mother, the second wife can not claim anything as of your statements.,

-tom-

prabhakar singh (Expert) 09 January 2012
why should i differ with a right approach then?

Shonee Kapoor (Expert) 09 January 2012
If he was divorced from your mother, second wife can claim. Otherwise your Mom can be the sole claimant of that money.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 09 January 2012
For information of Mr Rajeev Kumar personal law has no application on provident fund. Provident Fund Act 1925 refers. As per this act the accummulations are property of the nominee. If marriage with second wife is lawful (after divorce from 1st wife) then she cannot be excluded fro nomination GPF(CS) rulessoprovide anbd states also hve similar rules.

Devajyoti Barman (Expert) 09 January 2012
Rightly advised above and agreed.

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