• Nomination vs legal hier in bank locker

I recently lost my father . He holded few bank accounts and bank locker. in 2 of the bank accounts my father named his brother as a nominee and in the bank locker he had named his late mother ( i.e my grandmother ) and she died 6 years back . but my father didnt change the nominee name. And also i am an adopted son from court and accept myself and mother there is no class 1 legal hier. In this case what is my and my mothers position with those accounts and the locker. As my fathers brothers and thier family claims the right of the locker as the nominee was thier mother.
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

You can take objection on it. 

Nomination is just bank will handover cash and other belonging kept in locker to nominee, but as per law the same should be distributed equally among legal heirs.

 

So, you give application in the Bank to branch manager that you have the objection and without court order do not give locker and other account handover to nominee behind legal heirs.

 

Provide legal heirs details to both the bank branch manager and head office too.


I have answered correctly, I knew account holder is dead. Now legal heirs means his (adopted son and wife of deceased) has to take above action.


Only one nominee is dead and other nominee is claiming rights on locker.

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Nominee is only trustee for legal heirs 

 

2) on father demise money lying in bank account and articles lying in bank locker would devolve on your mother and you only 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Hello,

  1. The nominee is not the legal heir and only is a custodian of the account in that capacity. You and your mother are the rightful legal heirs and therefore must make the claim with the banks with the relevant documents, including the death certificate and adoption deed of yours.
  2. As stated, the grandmother being a nominee does not pass on any entitlement to her children in any property unless they are legal heirs of the deceased.

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

A nominee to bank account is only for the purpose of procedure but still bank is entitled to allow withdrawals by nominee. It safe to issue a formal notice  to bank  warning them not to allow any withdrawals by nominee as the nominee is not legal heir. You need to obtain succession certificate from Court for withdrawing deposits from bank. The procedure  takes about 3 months. Only you and mother are entitled to the movable and immovable property of father. A adopted son is as good as natural born son.  

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

1. Nominee is only a custodian to receive the proceeds in the Bank account and the proceeds has to be handed over to the legal heirs, unless there's a different beneficiary/beneficiaries named in the WILL executed by the Testator.

2.  Your father's brother, who was shown as the nominee in one of the bank accounts, has to handover the proceeds to the legal heirs of your late father. In case of the other bank account, wherein your grandmother is shown as the nominee, family tree has to be shown to the bank to claim the proceeds.

3.  As per your narration, you are the legally adopted son, hence you and your mother are the two legal heirs, who are authorised to receive the proceeds.

4.  To prevent your father's brother's family from claiming the proceeds, inform the Bank that your deceased father was holding the account and only you and your mother are the legal heirs to receive the proceeds in view of death of the nominee, i.e., your grandmother. In case of any problem, send a legal notice to your father's brother to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
5425 Answers
330 Consultations

Dear Sir, 

In the absence of a surviving nominee, you may apply to the Court to grant you a letter of administration and a Succession Certificate. 

An adopted child enjoys all the rights that a legal heir would in a normal scenario. The term “son” is not defined by the Hindu Succession Act 1956 and, therefore, for all purposes, adopted son is also as much a legal heir as a biological son (Class-I).

However, according to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted children lose all their rights in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.

Thank you,


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Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

1. Nominees are considered as Trustees and not the owners of the amounts of the accounts or materials kept in the locker.

 

2. Legal heirs are the title holders of the said amounts  kept in the accounts and also the materials kept in the locker.

 

3. File a recovery suit along with an application u/o 39 r 1 & 2 praying for an injunction order restraining those Nominees to deal with those accounts and also the locker till the disposal of the suit.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

Nominee is just a trustee to the bank account or the bank locker of the deceased. 

The Supreme Court (SC) has clarified the nominee of a depositor in a bank does not get ownership of the money in the account after death of the depositor. The nominee gets exclusive right to receive the money lying in the account

 It gives him all the right of the depositor as far as the depositor's account is concerned, according to Section 45ZA of the Banking Regulation Act. But the banking law is not concerned with the succession. The money in the account will form part of the estate of the deceased depositor and devolve according to the rules of succession. In this case, Ram Chander vs Devender Kumar, one son was the nominee of his mother. After her death, he claimed he was the owner of the money in the account, to exclusion of his brother. The same rule will apply to government savings and other investments including the locker facilities.

The legal heirs can make a claim to the bank for this if the nominee is not ready to share the amount among the legal heirs.

 A nominee is a ‘trustee’ of the funds of the account holder. He/she is a custodian of the funds until the legal heir can legally claim them.

You can write to the bank about this and freeze the bank account as well as the locker until a decision is arrived and intimated by a court order in this regard.

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

1. A nominee does not succeed to the exclusion of legal heirs. Nominee is just a trustee of legal heirs who has to divide the property according to the lawful share of heirs.

2. The nominee can realise the assets lying in the locker but he will have to lay them before the Class 1 heirs for division.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Although you are an adopted child but still you enjoy all the rights and liabilities which a natural born child enjoys.

Therefore the assets which are self acquired belong to you and your siblings and mother.

The property which is ancestral belongs to your father's relatives ie siblings.

Nominee is a trustee. He is not the owner.


Nominee is not the owner of the property but only a trustee. The money which belonged to your father is now yours. You need a succession certificate in case of money.

That's what i said before.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

-   Immediately send a legal notice through lawyer along with copy to Bank.

As per law, nominee is just a trustee for legal heirs. 

Nominee can not claim ownership.

 

-   You and your mother are class I legal heirs so you both will get the things.

Adopted son is legal son equal to natural son.

 

-   You have to get succession certificate from Court for withdrawing deposits from bank. 

Ankur Goel
Advocate, Bangalore
454 Answers

Nominee is not absolute owner

He is care taker

Legal heirs are owner

Don't worry just submit your legal heir certificate in bank

Madhura Akolkar
Advocate, Aurangabad
5 Answers

- As per law, a nominee is like a trustee and having no right in the property or assets without the consent of legal heirs. 

- Hence , legally you both i.e. mother and you can claim that locker etc , and bank cannot give right to the nominee in the absence of legal heir certificate. 

- You can file a complaint before the bank for not giving any amount or right to them . 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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