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Ajit George (Retired)     07 June 2018

Beneficiary of a will vs nominee in account

Hi,

If a Testator, who is a joint holder in an account, bequeathes half the balance in an joint account to a beneficiary who is not the joint account holder, does the beneficiary have a right to claim half the balance in the account? If the joint account holder is also the nominee in the account, does it affect the rights of the beneficiary?

Thanks,

Regards,

Ajit



Learning

 8 Replies

Adv Deepak Joshi +917017821512 (Advocate)     07 June 2018

Please cal me at 9456777600.

Kumar Doab (FIN)     08 June 2018

Has the WILL been brought in the knowledge of Bank/banker/BM?

Has the bank communicated anything about rights of  beneficiary/nominee/joint holder?

Is there any order from court?

Kumar Doab (FIN)     08 June 2018

GO thru;

RBI; Master Circular on Customer Service in Banks;20

https://rbi.org.in/SCRIPTs/BS_ViewMasCirculardetails.aspx?id=9862#20

Kumar Doab (FIN)     08 June 2018

Also;

Calcutta High Court

Arnab Kumar Sarkar vs Smt. Reba Mukherjee And Ors. on 10 November, 2006

Equivalent citations: AIR 2007 Cal 79, IV (2007) BC 134

Author: K J Sengupta

Bench: K J Sengupta, S Banerjee

 

https://indiankanoon.org/doc/951629/

9. To deal with the Second issue I feel upon reading of Sub-sections (1), (2), (3) and (4) together its proviso of Section 45ZA of the Bank Act, nomination in writing in this Section by the sole or more than one depositor has the effect of testamentary disposition for limited purpose after death of the depositor or depositors and in order to help the Bank discharge its obligation as trustee of the same to the nominee the moment demanded. For this purpose Bank is not required to wait for production of Succession Certificate, Letters of Administration or Probate and it is free to hand over the money to the nominee on demand.

50… the mere right to receive the deposit as provided in Section 45ZA of the said Act of 1949 would not permit the nominee to retain the money.

Ajit George (Retired)     09 June 2018

Dear Mr. Kumar,

I'm still in the process of finalizing my Will and wanted to know the rules governing joint account holder / nominee vis a vis the beneficiary of the Will.

Thank you for your response and the suggested reading.

Regards,

Ajit

Kumar Doab (FIN)     09 June 2018

You are welcome.

If you wish you may also consider prespective of a/c with mandate E&S,F&S................

If WILL is your choice consider registering IT. 

Ajit George (Retired)     09 June 2018

Thank you very much Mr. Kumar.

Regards,

Ajit

Kumar Doab (FIN)     09 June 2018

Best Wishes!                                  


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