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Pankaj Ghelani   03 June 2019

Nominee VS Legal Heirs

in bank a/c,nominee is step mother,( her husband died),as a either OR Survivor basis,but as per will ,amt. is to be distributed to children.
LOA is yet to receive.Before getting LOA,Can bank can transfer money into Nominee account? Banking regulation act is seems to be in favour of nominee.Also there is a doubt,that,after getting fund as a nominee, he may not return, & again to get it thru' court, it may be time consuming .


How to prevent Nominee to do so?Before getting LOA.
civil suit is filed in court. But it may be time consuming .
Looking for fast solution & reply in favour of LEGAL HEIRS



Learning

 5 Replies

Shashi Dhara   03 June 2019

U issue immediately notice to bank not to transfer the funds and pproach civil court making bank and step mother as parties

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 June 2019

Contact a Lawyer and get a Legal Notice serviced on the Bank to prevent the settlement of Claim under Nomination duly attaching the copy of the Will.  If there is Nomination, the claim is settled at Branch level, after getting all relevant documents like Death Certificate of the deceased Depositor, etc.  

 

The nomination is a facility given to Bank as well as Customer to ensure that in case the Depositor passes away, the money can easily be given to the Nominee.  And, Nominee receives the money in Trust and cannot appropriate the same to his/ her benefit just like that. Having received the money it is the responsibility of the Nominee to ensure that the money is distributed equitably to the legal heirs if any.

 

Banks do not settle the claim even under Nomination to the Nominee if there is a protest from any of the Legal Heirs. 

Pankaj Ghelani   04 June 2019

Nomination is done under "Either OR Survivor "Basis,& copy of legal notice as well as copy if WILL ,is submitted to respective branch, But i would like to know, whether is there is any LAW, PREVENTING bank to do so,before making payment to either Or survivor,? It has come to my knowledge that, once legal HEIRS submit the copy of will,death certificate & copy of suit filed with the court, Bank cannot do so. please clarify with legal terms.

G.L.N. Prasad (Retired employee.)     04 June 2019

The best course is getting injunction order restraining the bank not to pay the amount to the nominee, and also issuing such notice to nominee not to claim such amount from Bank, as the deceased bequeathed that amount through a will to other persons also, and the nominee remains a trustee only.

Nomination Act is Statute and banker is discharged from his obligations in paying the amount to the nominated.  A legal notice may be only a caution and not having such statutory powers.

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2019

Send a Legal Notice addressed to the nominee, with a copy to the Bank. Then file a Civil Suit praying for Injunction.


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