Rights of nominee & leagal heirs

mabusubhani (Querist) 19 July 2021 This query is : Resolved
Respected Sir/ Madam An Employee nominated in his/her pension book one member from family.after passing of that person ,nominated person have whole right to receive any financial benefits, or legal heirs also have any right on that amount and in monthly family pension

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A nominee acts as a trustee or custodian for financial benefits and property, not the ultimate owner. While they are entitled to receive these benefits initially, their role is to disburse them to the deceased's legal heirs. Legal heirs hold the actual ownership rights to the deceased's property and financial entitlements, with the nominee's function being akin to a collection agent.

Advocate Bhartesh goyal (Expert) 19 July 2021
Nominee is only trustee of Property and actual owner of deceased property are his legal heirs Nominee can't retain the Property he is like collecting agent and after collection he has to disburse the same to legal heirs.

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kavksatyanarayana (Expert) 19 July 2021
Yes. A nominee is the custodian of the property (either movable or immovable) and he should hand over the same to the legal heirs of the owner/deceased person.

Dr J C Vashista (Expert) 20 July 2021
Repeated at https://www.lawyersclubindia.com/experts/difference-between-nominee-legal-heir-734356.asp

krishna mohan (Expert) 20 July 2021
Family pension is as per Pension Order and normally to the wife and when not alive to the eligible family member as per order issued. Regarding other dues it is as per share indicated by the employee and no one can exercise more right. No bar to share among the legal heirs on cash benefits and not the family pension.

P. Venu (Expert) 20 July 2021
The facts, as posted, are misconceived? Is it Service Book or Pension Book?

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