You're unmarried & nominate your father for gratuity. Later, you marry but don’t update it. Who will legally get the gratuity?

If you were unmarried at the time of nomination and nominated your father for gratuity but later married without updating it, the legal position is as follows:
​
Legal Provision:
As per Section 6(4) of the Payment of Gratuity Act, 1972, if an employee has no family at the time of nomination, they can nominate any person (e.g., their father). However, upon marriage, the nomination becomes invalid, and the employee must make a fresh nomination in favor of a family member.

​Who Will Get the Gratuity?
Since your nomination (in favor of your father) became invalid upon marriage, your gratuity will not be paid to him. Instead, it will be paid to your family members as per the Act.

• The gratuity will go to your spouse (wife) and other eligible family members (such as children, if any, or dependent parents), following the legal succession rules.
• If there is a dispute, it will be settled under the Payment of Gratuity Act and Succession Laws applicable to the deceased employee’s religion.

​Automatic Invalidation:
Upon acquiring a family (spouse and/or children), any previous nomination (even if it was in favor of a family member like the father) becomes invalid unless it is revised after marriage.

---

Shekar Ganagaluru's Books

---

---

K. VITTALA RAO's HR Books