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Provident fund put in mothers name by deceased brother


05-Oct-2023 (In Wills / Trusts Law)

My deceased brother put his provident fund in my mothers name, his wife is being asked for NOC, and us refusing to provide stating she should be entitled to the entire PF amount. My brother worked for Mumbai port trust. kindly advise

Answers (1)

Answer #1
282 votes

For EPF a family would mean, in the case of a male member, his wife, his children, whether married or unmarried, his dependent parents and his deceased son’s widow and children.

Any nomination made to any other person is invalid. Therefore as his brother you cannot be a nominee. Further, neither is his mother dependent solely on the deceased son since you are also there.

A widow can only be denied maintenance from EPF only if one proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance. She is entitled to the full EPF amount.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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