Is it possible without nominee wife have rights in husband's saving accounts.
chandini
(Querist) 27 August 2016
This query is : Resolved
My husband have savings accounts in sbi bank and they mentioned his nominee to his mother and after marriage also he don't want to change and it is almost complete 4 years of marriage i have no child.because my husband not want child and he give his every thing like bank savings and homes to his elder bother and mother.so, what is my rights here if he is not mentioned my name any where. i have only my marriage certificate and nothing.in saving account there is more then 1 crore..we r staying in usa and every month send money to sbi account where i am not nominee of my husband account.
Ms.Usha Kapoor
(Expert) 27 August 2016
Dear Client,
iF YOU ARE NOT A NOMINEE THERE IS NO QUESTION OF GETTING ANY MONEY OR INTEREST ETC OUT OF YOUR HUSBAND'S SAVINGS BANK ACCOUNT. You coax him to convert the current savings bank account into joint bank account of both of you or making you as nominee. Joint account holder is the bast option. Monetary security AND FREEDOM ETC ARE ONE OF THE MOST IMPORTANT ATTRIBUTES OF ONE OF TH POSITIVE OUTCOMES OF TRUST IN TH EACH OTHER AND SUCCESSFUL MARRIAGE.
Kumar Doab
(Expert) 27 August 2016
Banks accept single nominee.
You can't force husband to change nomination.
If you are Hindu then mother, wife, sons,daughters are ClassI legal heirs.
If it is self earned amount he can dispose his estate in his life time to anyone by his sweet will.
Cajole him with affection to understand that you are his better half.
Rajendra K Goyal
(Expert) 27 August 2016
Take in confidence and ask your husband to change the nomination.
P. Venu 
(Expert) 27 August 2016
A nominee is only a trustee on behalf of the legal heirs. You are a legal heir to your husband so long as the marriage subsists. Of course, during his life time, can deal with his property at his wish.
But these are distant thoughts. You have a long life which is worth much more than the Bank deposits. It is curious that your husband does not want a child. It appears that he suffers from many a complex. Your priority should be finding a solution to this hiccup.
Adv Prashant
(Expert) 06 January 2017
Supreme Court had given ruling during 2016 that right of legal heir will prevail over and above rights of a nominee.I am not having that judgement at present in my hand but i am sure about this.
Guest
(Expert) 06 January 2017
Ms. Chandini,
Legally, rights and claims can arise only after the death of a person, not during his life time.
However, during life time of a person, a relative/ legal heir can have some privilege of any property/ wealth of a person to some extent at the sweet will and trust of that person.
So far as the relation of husband-wife is concerned, not merely cajoling as suggested by Mr. Doab, but existence of a mutual trust is a must. Cajoling or buttering, which not only gives feeling of, rather implies selfishness, can prove to be only a temporary solution for any problem.
So, if you don't mind, your description reveals as if no mutual trust exists between you and your husband.
So better establish a mutual trust between you and your husband. You will see that you will be benefited enormously.
If you are able to establish a mutual trust, your husband can forget every other near relation.
Rajendra K Goyal
(Expert) 06 January 2017
Agree, a nominee is only a trustee of the legal heirs of the deceased.
Repeat, mutual understanding can solve the problem.
Ms.Usha Kapoor
(Expert) 29 June 2018
Agree with Doab and Venu and Barman.
Ms.Usha Kapoor
(Expert) 03 July 2018
Agree with Doab, Venu and Barman.
