Thread Started by #kathyayani84

Hi,
My father who was a BHEL emp passed away on feb21, 2013. In his gratuity nomination he nominated 50% on my mother name and 50% on my grandfather name. My grand father expired in nov, 2011. No fresh nomination or modification to earlier nomination is made by my dad.
Company asks to get Succession certificate from court of our father to release gratuity amount.
There was no third party dispute I dont know why court is being involved here.
My mother got group insurance, PF, Salary etc. But stuck with gratuity.
Is legal heir certificate from Tahsildar is sufficient to release Gratuity???
How can I prove that when post death of nominee occurs, amount reverts back to emp and nomination becomes void and the eligible nominee(my mother) is entitled to receive Gratuity.
Kindly help.
Thanks,
Kathyayani
13th May 2013 From India, Hyderabad
A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. According to act in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his legel heirs With Reference to case - Dhanalakshmi Vs. The District Revenue Officer, Salem and 2 others), wherein this Court has clinchingly held that "there is no provision which had conferred power on the Revenue Authorities such as Tahsildar, Revenue Divisional Officer, District Revenue Officer to decide as to who is the legal heir or who is the successor of a deceased individual. In case of dispute as to succession or inheritance the parties have go before the competent civil Court. The competent civil Court is bound to decide the dispute as to who is the legal heir and who is entitled to the properties or assets left by the deceased. The certificates, if any issued by the Revenue Officer like Tahsildar and Revenue Divisional Officer will not in any manner affect the rights accrued to the individual by way of succession. Further it has been held that the legal heir certificates issued by the Revenue Officers have no sanctity in law&quot

Hence you need to obtain a succession certificate form court.
13th May 2013 From United States, San Francisco
my doubt is how to prove or on what regulation we can prove that post death of nominee makes the nomination void/invalid. Secondly, While browsing I came to know for private emp there is a neccesity of certificate from court of law. Whereas, for Govt emp, legal heir certificate from Tahsildar is enough.
If i prove that Grandfather nomination makes it invalid.The amount will get released later mom will distribute accordingly to my dad legal heirs.
Why to involve court of law when there arises no dispute?
13th May 2013 From India, Hyderabad
Your doudt is correct,But the employer wants to play safe by having the confirmation from court.Even thou he is a government employee certificate from thasildar would not be sufficent since only a civil court is a competent authority for this purpose,
14th May 2013 From United States, San Francisco
Gud news!!!
We received my mother's share of 50% of Gratuity.
I guess now for grandfather share we need to produce Succession Certificate.
Well I need to confirm this admin officer too.
Anyhow Thank you for your valuable suggestions.
14th May 2013 From India, Hyderabad
Succession certificate issued by Civil court only is treated as valid and not by any other Government Official
11th July 2013
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