Advocate Rakesh Raja (d) 30 May 2011

Accused is Nominee.....

Dear All Friends of LCI

Today i met one client with his uniqe demand. The Story in short is like as- My client's sister was shot

dead by one accused who was her boy friend around 14 years ago. Her body was found lying on the road.

The police strated investigation and found some artices and some documents (Bank Passbooks, NSc's, LIC

policy etc.) and made a seizure list. IN All the Bank Accounts, LIC Policies etc, of the deceased; the accused

was NOMINEE. The learned trial court convicted the accused and awarded life imprisonment. In appeal the

accused got bail but hearing is still pending.

Now my client wants to get all those amounts of Bank, LIC policies etc. in which all the accused is NOMINEE.

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1 Replies

R.R. KRISHNAA (Legal Manager) 30 May 2011

Dear Rakesh Raja

The nominee plays the role of a trustee only. He is not entitled to the proceeds. He is entitled to receive the money and hand over the same to the legal heirs. Only legal heirs are entitled for the proceeds of the deceased.

As you say, your case is really unique. Since it is the nominee who has the right to receive the proceeds of the deceased you may issue a notice to the nominee to take steps to receive the proceeds from the banks and LIC. If the accused fails to act on the notice you may apply for the proceeds in the bank and LIC directly on the ground of being the legal heirs and claim the proceeds and show that the nominee (accused) has failed to take steps. Or else you may appraise this situation to the bank/LIC and ask for the approriate steps to the followed.

Lets see what other members have to say.

Best regards,