Legal Heir Nominee

So why would you object , if that is his own  money and he want to give to anyone he desieres why sould you be worried.

I'm not worried. The deceased is my paternal uncle and the claimant is another brother of deceased. He didn’t want to give his share to that brorher so he made me nominee. But still I wanted to give him the share but he claimed the entire one. 

Why would you give him share, if he is not nominated . You have been declared by the dceased as nominee so you will get the money. 

But as per law, nominee is juat a trustee. And there’s judgment also saying nominee has to pay the amount to his legal heir. So I confused since I'm also the lagal heir though category 4 of Class 2 and the claimant here is also legal heir falling under category 2 of class 2. 

Dear,

After looking your Case, Bank will discharge the money to the nominate person as customer declare you nominee in his account. if some cousin made objection in this regard they have to file case in the court and only court have power to stay this discharge. So as per my opinion you first make your claim to the bank on basis of nomination and with this file of suit of succession certificate in the court to get legal right of your paternal uncle.

So I need to get a succession certificate to fight against them?

Juat submit your calim for the amount in bank as legal nominee 

The bank has to disburse the claim amount in favour of the nominee, provided there's no restriction due to any rival claim.

The nominee however, has to distribute this amount to the legal heirs of the deceased because nominee is just a trustee to receive the money on behalf of the legal heirs.

Yes, such person (class II heir) or anyone else can be appointed nominee.

Question is: Childless Person made nominee of his bank to his class 2 category 4 legal heir. Nominee or nominees can withdraw the amount from the bank and it has to be distributed according to the personal law of the party. Nominee is not the owner, and it is only a care taker, and nominee can be any person not necessarily a legal heir.

 

On the death of an account holder the bank will pay the amount to the nominee, whoever it is, on demand by him. If any other person has objection to the payment to the nominee, he must bring a court order restraining the bank from paying the amount. It is for the court to look into claims and counter claims and decide.

I concur the opinion and advise of experts hereinabove.

Nominee (whosoever) cannot retain any money received from Bank. S/he has to distribute the amount received as per personal law of LRs of deceased accountholder.

Cash unlike immovable property is volatile and negotiable. A receiver of cash do not have to bother about the title of the giver for the cash. It is not incumbent on the nominee to search for the legal heir.

A nominee is not legal heir. That is court judgement. Nominee is a trustee is just a conclusion drawn from the judgment. There is no law which says that a nominee is a trustee. A person can be appointed as a trustee only if he accepts the the position. A nominee is not  bound under any law to go in search of the legal heir. There are many laws containing provision for nominee. Judges have been intrepreting that a nominee is not beneficial owner. In the case of insurance law the section has been amended to state that if the nominee is one of the specified relatives, he will be the beneficial owner of the property. The specified relatives happen to be legal heirs under Succession Law.  It is high time that the law is amended in all other cases also. In the case of cash if the nominee is not a legal heir, he should hold it for a reasonable time. If no claimant comes forward within reasonable time, he can use the amount. In the case of immovable poperty, the nominee can do everything as though he is the owner, except that he cannot alienate the property irreversibly. In case he tries to sell the property, no prudent buyer would come forward to buy it.