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avishek (none)     05 December 2012

Nominee claim


My name is avishek sarkar, my father late hari pada sarkar died on october 28 2012, he was a working employee of Bank of India, i'm the son of his 1st marriage & my mother died on 2005 & his 2nd wife does not hav any child. He made me 100% nominee of provident fund & Gratuity & his 2nd wife with the pension. now, when i went to the bank to claim my father's pf & Gratuity the bank is refusing me to process my claim & asking me to make a settlement with my step mother in presence of the bank. . I can’t figure out why I am supposed to come to a settlement about my father’s PF & Gratuity when I am the nominee for it.

 I need your help, I don’t even have a single penny left to buy the food to feed myself & to continue my studies & no one to stand beside me in this situation, now it is up to your decision my future depends.


 5 Replies

kvss.prabhakar rao (Advocate )     05 December 2012

Nominee is only representtive of other legal hiers , Mere quating as nominee does,nt mean that sum of deceassed if any the nominee is alone entitle

In Sarbati Devi v. Usha Devi, the Apex court held that a nominee cannot receive the policy amount to the exclusion of other legal heirs primarily because:

1) Nothing in Section 39 indicates that it will operate as a third kind of succession and

2) The section provides that “the money shall be payable to the nominee” and not that it shall belong to the nominee. 

surjit singh (Assistant)     05 December 2012

The bank people has no duty to ask you to make settlement with your mother. If the bank account says that your are the nominee of a paticular account the bank is duty bound to give you whatever money is left in the account.

If the bank people still persists approach the Secretary of the Banking Ombudsman with an applicaton mentioning all details of the concerned state in which the bank is situated. I am definite your problem will be sorted out. Posting made by Mr RAO    above is also right.

avishek (none)     06 December 2012

thank you for the replies but i'm still confused am i going to get something out of it...

Advocate Bhartesh goyal (advocate)     06 December 2012

According to Banking Regulation Act,nominee has right and will get the money/deposites. although nominee is only trusty of that money/deposites and he has to distribute the same to legal heirs or any person as per order of the court. please  go through the provisions of Banking Regulation Act as under:-
45ZA. Nomination for payment of depositors' money. —(1) Where a deposit is held by a banking company to the credit of one or more persons, the depositor or, as the case may be, all the depositors together, may nominate, in the prescribed manner, one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the banking company.

(2) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purports to confer on any person the right to receive the amount of deposit from the banking company, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner.

(3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint in the prescribed manner any person to receive the amount of deposit in the event of his death during the minority of the nominee.

(4) Payment by a banking company in accordance with the provisions of this section shall constitute a full discharge to the banking company of its liability in respect of the deposit:

Provided that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section.

avishek (none)     08 December 2012

thanks for the advice advocate bhartesh goyal sir

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