Payment of gratuity to nominee

Manager HR(Legal)

An employee had nominated his mother(25%), wife(50%) and daughter(15%) for the payment of gratuity. He died in 2012. After his death his wife informed the employer that mother and daughter of the employee have died in the year 2004 & 2010 respectively. She enclosed the copies of death certificates for proof of death. Can the full amount of gratuity be released to the wife(no change has been made by the employee under section 6(4) of the payment of Gratuity Act.
 
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Manager (Admn)

Dear sir,

After getting legal  heir Certificate, you can disburse the payment.  Here there is no change of person.  When there is no nominee  and all deceased , you are searching for legal heir for the 25% and 15% portion of  Gratuity .                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

 
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Dy Director

There is no other nominee I suppose.

 
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LEGAL COUNSEL

There is no need for any further legal documents. THe Company will be fully protected and justified by distribution of the gratutity amount - 100% to the wife being the sole surviving nominee, in the instant case.

Vasudevan

 
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Dy Director

I agree with Mr Vasudevan who has eleborated what I hinted.
 
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lawyer

The best solution of problem is to depost the entire amount of gratuity with Controlling Authority and let him to decide the share in accordence with law. However, in the present case, if all other nominees died or/presumed to have been died, the payment will be made inaccordence with law of  succession.

 
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Manager (Admn)

Dear Mr. Sudheer Ji,

Already I hinted for Legal Heir Certificate

 
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Dy Director

Mr Vasudevan has clearly told that such succession certificate will not be needed.

 
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Manager (Admn)

Mr. Sudheerji,

Kindly go through the Section 7 Sub-sec.4(e) of the Payment of Gratuity Act 1972

 
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