sonia (NA) 24 August 2012

Nominee

HI Everyone,

I want to know what is the nominee procedure in case of a person working in public sector company,

He also debarred his son and his wife from his all immoveable and moveable property

He put the nominee to his son in his service record, but son and wife muder him and the court case is going than who is the nominee in this case to that person.

Husband and wife divorce case was going but as he was mudered , the case was as it is in court.

But the person who died has willed his property to his niece.

Now what will be the case in this scenario , the company will still release the dues in the son name or deceased person' mother , sister and brother are the legal heir in this case

Please give your advice on this and also which section stop their nomination , is their any law related to this.

Please provide as it is required urgently.

Thanks in advance

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 24 August 2012

The status is nominee asper law is he is only the trustee of the legal heirs/legatee. The concept of nominee was introduced for a person to nominate and authorize one to receive the benefits like shares, monies, employement benefits like gratuity pf etc.

The nominee has an obligation to discharge the receipts in favour of the legal heirs/legatees. However in a situation like the one given in the query, it will be better for the legal heir/legatee to get an order from the court, refraining the company from disbursement of the amounts to the nominee, pending probatiing the will/obtaining succession certificate.

As far is the company is concerned it would be discharged from its liability if it is paying the monies/dues to the nominee as per its record. Hence it would be advisable to get suitable orders from the court.

sonia (NA) 24 August 2012

Thanks Mr. Vasudevan for your reply,

Can the deceased sister go for the succession certificate ?

Or I as his niece can obtained the succession certificate in this case on the basis of the will of the property ?

What should be the procedure for this ?

As the court case for section 302,307 is pending , we have already given the application stating all the situation to the company with all the papers Like FIR , also the deceased has debarred them would it going to help us in this case

Please reply

Thanks in advance