Bank nomination changed after death
Kani
(Querist) 08 December 2022
This query is : Resolved
The nominee in Deceased person's bank account has been changed after the death of the account holder. Please advise.
1). Has the person (A) who has made the changes committed an offence and who can file the police complaint
2). Is the previous nomination still valid and claim can be made by the previous nominee (B). Should B be informed of the situation (of A attempting to receive the bank money through nominee change) as A has said that he has means to obtain the Succession Certificate.
Sudhir Kumar, Advocate
(Expert) 08 December 2022
How a dead man can make nomination?
whether nomination was signed in life time and presented to bank later?
whether nomination is forged ab-initio.
in either case the nominee is custodian of the money received as a trustee (not owner) he is bound to distribute the same with all legal heirs.
SHIRISH PAWAR, 7738990900
(Expert) 08 December 2022
Hello,
Nomination can be effected only by the account holder. If anyone has fraudulently made the changes then it is an offense. The previous nomination is valid.
'A' can obtain the succession certificate from the court if he is one of the legal heirs.
kavksatyanarayana
(Expert) 08 December 2022
Yes. How did the dead person change the nomination? If any person tried to change did the bank authorities not observe? If the dead person filed a nomination the funds will be given to him and he shall distribute the same among the legal heirs of the deceased person. If he is not filed the nomination the legal heirs shall obtain Succession Certificate and produce a copy of it to the bank.
P. Venu
(Expert) 08 December 2022
Yes, the facts posted are less than convincing. How could a person, other than the account holder change the nomination?
Please post the correct and complete facts.
