NOMINATION CONFLICT

This query is : Resolved 
 

(Querist)
14 August 2009

MY WIFE HAD NOMINATED HER SISTER AS AN GAURDIAN IN PROVIDENT FUND, PENSION, GSLI, GRATUITY, SUPER ANUUATION AND IN SALARY AND OTHER DUES. SHE HAS NOMINATED HER SISTER IN 50% AS AN GAURIDIAN OF MY DUAGHTER OF 4 YRS. AND REST TO ME. KNOW AT THE TIME OF CLAIM, SHE HAS REFUSED TO PAY THE AMOUNT WHICH SHE WILL RECV ON BEHALF OF MY DAUGHTER. IS THE NOMINEE ALOWED TO USE THE MONEY? AS AN LEGAL HEIR IS NOT THAT MYSELF AND MY DAUGHTER ARE THE ONLY PERSON TO RECV. THE MONEY? IF NOMINEE IS NOT A FAMILY MEMBER THEN IS NOT THAT THE NOMINATION IS CALLED INVALID?


Kiran Kumar (Expert)
14 August 2009

a Nominee is simply to recieve money.

there is a SC ruling on this issue that a nominee is simply designated to recive money on behalf of others.

nominee is not the ultimate beneficiary.

Y V Vishweshwar Rao (Expert)
14 August 2009

I Agree with the Opinion of Mr Kiran Kumar !

ANTHONY REDDY (Expert)
14 August 2009

A nominee is simply to receive money, but you and your daughter come under Class I heirs of your wife. You file a suit for declaration making the government departments directing them not to release the amount to your wife's siter, if she already received the amount you ask for recovery of amount from your wife's siter. SC has held in Sarbathi Devi Vs. Usha Rani AIR SC 1984 346 held, nominee is only receive the amount, however legal heirs can claim the amount governing Succession Law.

Y V Vishweshwar Rao (Expert)
14 August 2009

Mr Anthony Reddy you right ! I agree with Your Opinion !

The Daughter is Class-I heir and sister is not entitled to claim the amount and she can be only guardian of Minor to recive and pay if the Class-I hier is minor !

if daughter attained majority , she can claim the Terminal benifits of her mother

if Sisiter already received the amount Daughter can recover the same form her



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