Legal Question in Wills and Trusts in India

provident fund

my mother is the 100% nominee. dad expired on 29-04-07. his younger brother has made a false will saying that my dad has left the full PF to him. the company decided to stop payment to my mother and asked us to get a succession certificate. what should be my course of action. the companys PF rules says that ''any nomination made by an employee in favour of a person not belonging to his family shall be invalid'' and definition of family as per rules does not include my dads brothers. what steps i should take?????


Asked on 9/19/07, 3:25 am

5 Answers from Attorneys

Re: provident fund

In which 'state' do you reside? In several states, in case of WILL, The beneficiary has to get Probate in respect of WILL.so you can challenge the validity of WILL in probate case if filed by Your uncle otherwise you can seek declaration in respect of WILL and can get the same declared null and void. In case of need you may contact with details and documents.Professional charges are applicable.

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Answered on 9/19/07, 1:54 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: provident fund

you should file a petition for probate and take succession certificate to take the provident fund in future. when wife and children are there it should go to them,

nomination means nominating a person to identify the real owner an give to the real owner the benefit who is entitled to it.

nominating a person does not mean that he is entitled to use the same for his benefit.

regards.

B.Balasubramanya.

Advocate.

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Answered on 9/20/07, 12:39 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: provident fund

good morning

you may file a petition for probate to obtain a succession certificate.

in case of need you may contact us with details.

professional charges are applicable

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Answered on 9/20/07, 1:25 am
Alok Sharma Alok Sharma & Associates

Re: provident fund

You should obtain succession certificate. Probate is something different. A nominee recieves the amount as representative of other legal heirs who are entitled to same and can not keep the amount to himself.

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Answered on 9/22/07, 9:39 am
Nandita Haldipur Haldipur Associates

Re: provident fund

you can file a case for sucession certificate. generally the provident fund will go teh wife and children.

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Answered on 9/21/07, 8:47 am


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