Querist :
Anonymous
(Querist) 23 November 2011
This query is : Resolved
A PERSON WAS HAVING A PPF ACCOUNT AND HIS MOTHER WAS THE NOMINEE IN THE SAME. HE DIED AND HIS WIFE FILED SUIT IN THE COURT FOR CLAIMING THE MOVABLE PROPERTIES OF THE DECEASED AND ALSO MOVED AN APPLICATION TO THE BANK NOT TO RELEASE THE AMOUNT. LATER ON MOTHER BEING THE NOMINEE CLAIMED THE AMOUNT, WHICH WAS DENIED BY THE BANK DESIRING TO BRING SUCCESSION CERTIFICATE FOR CLAIMING THE AMOUNT. NOW MOTHER MOVED AN APPLICATION UNDER RTI ASKING TO PROVIDE COPIES OF GUIDELINES TO THIS EFFECT. WHETHER PAYMENT CAN BE RELEAED TO HER IN SUCH A SITUATION ONLY BEING NOMINEE WHEN THE MATTER IS PENDING IN COURT? IF SO, UNDER WHAT RULE? PLEASE GUIDE.
Guest
(Expert) 23 November 2011
The mother is the nominee in the above noted case and the mother is not the successor she is the predecessor and her name was given in the From intitially and she is the claimant of the PF amount if she was nominated by the person employeed.
Rajeev Kumar
(Expert) 23 November 2011
Nominee is only a trustee who can withdraw the amount and give the share of legal heir. In the given case mother is nominee not successor she is the predecessor and she will be claimant of PF amount if she was nominated to person employed
Advocate M.Bhadra
(Expert) 23 November 2011
The mother of the deceased is the nominee and she is one of the legal heir and successor,so Bank would allowed to the successors as per succession certificate and court order.
Raj Kumar Makkad
(Expert) 23 November 2011
Bank can refuse such mother to make payment until a succession certificate is brought by her as ongoing civil suit is going on between the parties. Banker may reply against her application moved under RTI Act that the civil suit is already going on so bank requires permission of court for releasing the payment and widow of deceased may also be intimated accordingly.
prabhakar singh
(Expert) 24 November 2011
you are adequately guided.
Shailesh Kumar Shah
(Expert) 24 November 2011
agree with views of Shri Makkad.
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