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Rajnish Kumar   12 November 2024

Nominee payment

A Depositer appointed other person as nominee in his bank deposit which is duly registered with bank but he is not depositer legal heir.The depositer passed away and registered nominee submitted claim for settlement of lying deposit in bank , Meantime legal heir also lodged a court case to settlement of deposit by bank to be done in his favour.
kindly guide who has legal rights over deposit which is lying with bank as per law.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 November 2024

the nominee in a bank account cannot claim the entire deposit amount without disbursing to legal heirs of the deceased depositor

The nominee is responsible for safeguarding the funds until a legal heir claims them. If no legal heir claims the money, the nominee can keep it.

Legal heirs are entitled to the inheritance, not nominees

If a claimant produces legal representation, the bank is legally bound to pay the persons mentioned in the legal representation. 

A nominee is a person authorised to receive the deposit amount when the depositor has passed away. The nomination is done to avoid the complicated process of claiming the deposit by all the legal heirs. The bank is absolved of its responsibility once payment is made to the nominee.
1 Like

Dr. J C Vashista (Advocate )     13 November 2024

Nominee is appointed for the purpose of safe-guarding interest of successors of account holder, who (nominee) is competent to withdraw the amount lying in the account.

P. Venu (Advocate)     14 November 2024

Yes, the nominee is a trustee to receive the funds deposited in the bank. He is under obligation to hand over the funds, less the expenses (if any), to the legalheirs.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 November 2024

Normally the bank will pay the amount to the nominee. Nomination is for the purpose of quick settlement of dues. But if before the actual payment another person or persons stakes claim on the basis of a will or as legal heirs, the bank will not pay until the dispute is settled to its satisfaction.


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