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Tamal123Kol (Service)     10 August 2013

Submit succession certificate by-passing nominee

One of my relative passed away this year & do not have any children of their own. I'm the legal heir (no ambiguity here). I'm in process of getting the succession certificate. I came to know that my relative was misguided by another family and has made them as nominee to multiple Bank/PO accounts. Question 1 - Can I go to Bank/PO and directly submit succession certificate along with other documents as required to claim the money from those accounts without notifying the nominee about this ? Note: Nominees to those accounts are not legal heirs. Question 2 - Some of the accounts are joint accounts wherein also the other account holder is not the legal heir. In this scenario - Can I go to Bank/PO and directly submit successtion certificate along with other documents as required to claim the money from those accounts without notifying the nominee about this ?


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 2 Replies

Suri.Sravan Kumar (senior)     10 August 2013

nominee is only entitled to receive the amount. Nominee cannot enjoy the amount. Pl inform the bank not to make payment to the nominee. File Succession OP in court and make all of them as parties. The matter will be decided in the court. If the situation warrants file petition to deposit the amount in the court.

Tamal123Kol (Service)     12 August 2013

Thanks for your reply. Please let me know the situation in cases of join account wherein the second account holder is not the legal heir.

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