Payment to nominee.

Madhur Singh (Querist) 26 October 2012 This query is : Resolved
Sir,
A deceased account holder had nominated his wife Smt. Gyan Devi as nominee in the bank. All papers submitted by her are in the name of Smt. GyanWati instead of Smt. Gyan Devi.
Now due to difference of the name bank has asked a succession certificate before said payment.
What would be the legal process in this case ?

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ajay sethi (Expert) 26 October 2012
depends upon where you are located . if you are in bombay succession certifcate ahs to be obtained from high court . if decreased left a will then apply for probate

Devajyoti Barman (Expert) 26 October 2012
If bank is asking got SC then apply for it. It would be used all along.

Guest (Expert) 27 October 2012
No escape except to obtain succession certificate, as the name of the nominee differs than what the deceased depositor notified to the bank.

V R SHROFF (Expert) 27 October 2012
SC is ultimate remedy.

May try declaration by Affidavit & gazette that
Smt. Gyan Devi and Smt. GyanWati are one and the same person, and she is nown as both, a alias. Having same date of birth, same address and same Husband's name .

So chg of name should be convincing to Bank. Let Bank issue Draft/ cheque on that name.

Open new bank a/c on that name. At least husband name & address is same. There is no chance of fraud.. SC will cost, and time consuming.

M V Gupta (Expert) 28 October 2012
The nomination form filed by the deceased would have indicated the relationship of the nominee. If the form indicates the relationship, you may file an affidavit with proof that Gyanwati Devi is the wife of the deceased and that Gyan Devi is the name by which she is being called in the family and by the relatives and that Gyan Devi and Gyanwati Devi are the names of the same person. If need be u may offer to give an indemnity to safe guard the bank against any future claims.

Kiran Kumar (Expert) 29 October 2012
the Bank simply needs to verify the credentials of the claimant.

try to satisfy the bank as per law and as required by the bank.

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