Nominee / ppf/epf

Supriya Jeyendran (Querist) 19 July 2021 This query is : Resolved
Hello
My husband passed away on 27th May 2021. There is PPF in SBI where nominee is mentioned as his mother which was taken before marriage. I have 2 years old daughter. Will i be able to claim my share legally?

He as not changed nominee for any of his bank account and other deposit after marriage. his mother is nominee.
What can i do to claim?

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Quick Summary

If your husband has passed away and his PPF account lists his mother as the nominee, you and your daughter are still legally entitled to a share. The nominee is considered a custodian and must distribute the funds to the legal heirs. You will likely need to obtain a succession certificate from the court to claim your and your child's rightful portion of the PPF amount, which should be shared equally among you, your child, and your mother-in-law.

SHIRISH PAWAR, 7738990900 (Expert) 19 July 2021
Hello,

You have to get a succession certificate from the court and submit it to SBI bank for withdrawing the PPF amount. For your husband, you, your child, and your mother-in-law are the legal heirs. So you are legally entitled to the PPF amount.

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kavksatyanarayana (Expert) 19 July 2021
A nominee is only a custodian of the property and he/she shall hand over the property to the legal heirs of your husband. So you, your child, and your motherinlaw have an equal share in the PPF amount.

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Advocate Bhartesh goyal (Expert) 20 July 2021
You,your children and your mother in law have equal shares and rights in the properties left by your deceased husband.Merely nomination of your mother in law in your deceased husband's ppf and other bank accounts does not give her absolute ownership rights She is trustee of such properties and can collect the amount lying in your husband's ppf and other bank accounts but can not retain the same .She has to disburse all such amount to legal heirs equally .Issue legal notice to your mother in law and bank also and claim your and your children's share.

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Dr J C Vashista (Expert) 20 July 2021
Well analysed, opined and advised by experts, I concur.

Nominee, a custodian, can withdraw the amount lying the account but will have to pass on to the legal heir of the deceased.

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Supriya Jeyendran (Querist) 20 July 2021
Thank you for the response.

P. Venu (Expert) 20 July 2021
This aspect could be better understood in terms of the clarification (6) under para 12 of the Public Provident Scheme which could be accessed at http://www.nsiindia.gov.in/InternalPage.aspx?Id_Pk=79

"(6) Nominee does not get the right of ownership. He is only authorized to collect the money on the death of the subscriber and keep it with him as a trustee for the benefit of the persons who are entitled to it under the law of succession. Such payment to nominee does not deprive the legal heirs and holders of succession certificate to receive the amount in the hands of the nominee.

[Supreme Court decision in VIDYA Vs VISHIN case, October, 2000 and D.G.Posts letter No. 105-26/93-SB dated 5.8.1994]"

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