We all know that nomination is the best way to protect your investment to reach your near and dear. But do you know each product have it’s own meaning and definition of nominee? So let us understand those rules in simple ways.
1) Nomination for Life Insurance-Nominations in Life Insurance are governed under the rule Sec 39 of Insurance Act 1938. In simple lines we can say that, you can appoint more than one nominee in Life Insurance to receive policy amount in the event of the policy converting to death claim. But will nominee be a legal owner of claim amount? No…he is just a caretaker of assets. He can hold assets as a trustee and final distribution will be based on legal heir. For example, suppose Mr.X who is married, took life insurance policy and nominated his father as nominee. In such case who will be legal beneficiary of claim amount? Eventhough Mr.X nominated his father as the nominee, still his wife who is the legal heir class I will be the legal beneficiary of the claim amount. Mr.X’s father is just can act as if the trustee to transfer the claim amount to his wife.
Now in above case if Mr.X have 2 children then still his wife be the sole beneficiary of claim amount? No, because his widow and 2 children form the legal heir I category according to Hindu Succession Law. So his widow and 2 children will have to distribute the claim amount equally.
But keep in mind that if Mr.X have will then Hindu Succession Act will be considered as secondary. Will is considered as the major document to distribute the claim amount.
2) Nomination for Bank Accounts and other Govt Saving instruments–According to Section 45ZA(2)(Banking Regulation Act), nominee merely get exclusive right to receive money from bank. But he is not the the owner of money. But point to be noted here is, banking laws will not concerned about succession acts. Hence banks responsibility end once they transfer the amount to nominee. But it is the nominee’s legal responsibility to act as a trustee and transfer the money according to succession act.
3) Nomination for Mutual Funds–In mutual funds you can nominate upto 3 nominees for single folio and even you can distribute the % of sharing. Nowadays it is mandatory for mutual fund investors to specify whether they want to nominate or not. If they don’t want to nominate then they need to declare it by signing. If they want to nominate then they need to declare atleast one nominee. Here also nominee acts as if the trustee but not as a real beneficiary of amount.
4) Nomination to PPF-It is very important to exercise nomination facility for PPF account. If account holder dies and there is no nomination at the time of death, the balance in the account, if it is upto Rs.1,00,000, will be paid by the Accounts Office to the legal heirs of the deceased on receipt of application in Form G supported with necessary documents without the production of succession certificate. If the balance is more than Rs.1,00,000 then production of Succession certificate is mandatory.
5) Nomination to your shares-One of the different and interesting rules applies to your shares only. Here nominee will be the legal owner but not the legal heirs. Suppose Mr.X nominated his brother and died without will then eventhough his wife will be considered as legal heir I category but his brother will be treated as the owner. So when making nomination you need to take care that your nominee will be legal heir, else create a will to whom those shares to be transfer in case of your death.
Reason for such change is, different acts. In case of shares, Section 109(A) of the Companies Act and 9.11 of the Depositories Act, nominee will be treated as the legal owner in case of death of the deceased.
So based on each asset class and product you are investing, read fully what do you mean by nominee and accordingly nominate. It is fatal if blindly you nominate thinking that your nominee will receive all your money in case of your death.
Vasantha
Sir my husband recently expired .he opened account in Andhra Bank he nominated his sister name 2005. But my marriage Done on 2009
He is recently expired with heart attack.we have marriage certificate also .I have any right to claim this insurance amount.plz tell me sir
Basavaraj Tonagatti
Dear Vasantha,
Yes, as you are the first legal heir, you can approach the bank.
AROCKIA DHOSS
Hi,
Recently My Uncle Passedaway in an accident.and he made his sister as Nominee in all LIC Policies as well in the Fixed Deposit Accounts.its all because my uncle wife didnt live with my uncle by 28 years.so he did all nomination as his sister…Please let me know whether she can able to Receive the benefits of the same or she has to handover the benefits to my unlce wife.
Basavaraj Tonagatti
Dear Arockia,
It is hard to say anything without knowing the legal matters like whether your uncle and aunt divorced legally or not. Hence, I suggest you to consult a lawyer in this regard.
NIMISHA
Dear Sir,
My father died in 2016 and in his Demat account my younger brother is nominated and right now he is denying to give anything as a part of it. So what kind of legal proceedings can be done in it and also he has transferred all the major portfolios in his own Demat account. So please guide me to get my right.
Basavaraj Tonagatti
Dear Nimisha,
He is wise enough that he already transferred major things in his name. Better to take the help of legal experts.
NIMISHA
Ok Thank You So Much for your valuable guidance ?
Meenakshi
Sir mere husband ki death ho chuki hai….Mere husband ke kvp and nsc me mere husband ke bhai nominee hai……Wo iska benefit mujhe deno ko tayyar nah hai …Mere husband ki ek beti bhi ha jo minor hai.mai unki wife hu aisa koi law hai jo ye benefit direct mujhe ya meri beti komil. sake ….Pls mujhe batai.
Basavaraj Tonagatti
Dear Meenakshi,
You approach the post office and claim the amount as you are the legal heir of your husband. Don’t delay the process.
Bharat Gandhi
Dear Sir/Madam
Please help maine apni policy mai apni wife ko nominee rkha hai but policy mai after marriage Kreeti Gandhi likha hai but as per record of id and bank account before marriage ka hai yani kreeti malhotra hai toh wo claim kr skti hai agar kbi lena pde toh
Basavaraj Tonagatti
Bharat-Better to rectify it NOW.
Bharat Gandhi
Sir
Agar ise thik na kraye toh koi dikkat hogi because mere pass marriage certificate hai
Basavaraj Tonagatti
Bharat-May be or may not be. Why to take risk?
Bharat Gandhi
Sir
Kaise thik kra skte hai koi tarika
Basavaraj Tonagatti
Bharat-Contact where it is.
Sudhir
Sir my sister was being married in 2013.and my sister’s husband passed away in 2014..my sister’s husband was a government servant..even he had been lif insurance policy .but my sister didn’t know about this and after the husband death his family took all the insurance money.. Because they all are nominees in life insurance policy.. After this my sister came at mother’s home. Even when she had gone her husband’s office. She find that in the office record of her husband his family was nominated.. So my sister apply to the job. Person etc. But after 3 years office didn’t give a one rupees or ,pension or any job. Even they are saying that graduaty will be given of deceased family.. Sir office clerks and officers always said to my sister we will give you pension and job there will be took some time.. Sir what should do
Basavaraj Tonagatti
Sudhir-Legally your sister has rights over all the assets of her husband.
Sudhir
Thank you sir..but one more question what should we do wait or legal action.. Could you suggest.
Basavaraj Tonagatti
Sudhir-Legal action.
Ankit
Wat if there are multiple policies of a man with different nominies in policies. There are 4 people in his family i.e. deceased’s father, mother, wife and minor daughter.
What are the chances of his parents on his LIC policies and other investment s irrespective of nominations in a Hindu family
Basavaraj Tonagatti
Ankit-The first legal heir of a deceased irrespective nomination is WIFE and minor daughter.
Sudhir kumar
If wife is not in nomination and husband nominated his family. So whom rights on compassionate ground job. Pension. Graduaty. Etc if husband was a government servant
Basavaraj Tonagatti
Sudhir-It is to WIFE irrespective of nomination.
Sudhir
Sir I didn’t understand, please ..give me some clear in word.plese Sir. Don’t mind
Basavaraj Tonagatti
Sudhir-It is WIFE who will be first legal heir than the deceased person’s parents or siblings.
Nura Nias
Hello! My question is:
1. Who will get the property after the death of husband(Hindu) ? If the nominee name is mentioned in the records. We live in Coop Society.
a) Nominee (Husbands Brother)
b) Wife
2.In the above case how can the wife claim the property and transfer it to her name ?
*Property was purchased by husband, also he left no will behind*
Basavaraj Tonagatti
Nura-1) WIFE.
2) As the legal heir of her husband, she has all rights to claim over the property.
Nishant k porecha
sir, recently i came to know that my uncle who had no child, nominated me and her wife in his ppf account.
So i just want to know how this amount will be distributed within me and aunty? And what are my rights if my aunty will deny to give my share?
Basavaraj Tonagatti
Nishant-Your aunt has the rights over his PPF (even though you are also the nominee).
Kirti
Respected sir. Meri husband ki death mrg ke three months baad ek accident m ho gayi thi . Unke jaane ke baad mere in laws ne mujhe ghar se mayke bhej diya or unke naam jo shop or home tha us per kabja ker liya or vo log mujhe kuch bhi nahi de rahe h shop ke original documents bank m submit h or unki photocopy mere pass h app bataiye mujhe kya kerna cahiye or agar m court case kerti hu to kya uske chalte m re marrige ker sakti hu or agar m re mrg kerti hu to kya mujhe unki shop or other properties m huk milega. Unki family m sirf unki mother or 2 sis h plz mujhe bataiye ki mujhe kya kerna cahiye
Basavaraj Tonagatti
Kirti-I suggests you consult a lawyer of your area.
Kirti
Sir app mujhe iske baare m apne views de dijiye ki law ke according kya possible h yaha ke vakil pura clear nahi ker pa rahe h plz help me
Basavaraj Tonagatti
Kirti-You have full rights to claim the property than your in-laws. That much I can assure you.
Kirti
Thanks for ur nice advice sir but plz clear me one more thing kya case ke chalte m re mrg ker sakti hu agar kerti hu to kya mujhe mere dead husband ki property m phir bhi right milega plz clear me.
Basavaraj Tonagatti
Kirti-That depends on how your deceased husband acquired the property and all those. In such situation, it is better to take and advice of lawyer.
savita
Sir plz clear kijiye ki mere husband ki death mrg ke three months baad railway accident m ho gayi h or unki lic m nominee unki mother ko show kiya gaya h to mujhe kya kerna cahiye agar m court case kerti hu to iska decision aane m kitna time lag jayega or kya unki policy m mujhe kitna share milega plz clear it I m in trouble.
Basavaraj Tonagatti
Savita-Kitana time lagega woh mai bol nahin sakata. But surely aap court jaa kar aap ki pati ka insurance amount ko puri taraha se claim kar sakate hai. Aaap ko pura share milega. Jaldi yek lawyer ko contact kijiye.
Yogita
Hello,
My query is regarding LIC Nominee. I appointed my sister as nominee before her marriage. But now she is married, so I want to know if case of any mis-happening with me, will my sister is going to be get the complete insurance amount or do shall I change my nominee.
Please suggest.
Thank you
Basavaraj Tonagatti
Yogita-To avoid complications, I suggest you must change nominee within your legal heirs.
Joseph
In case of shares where no nominee is mentioned, then how the wife can have legal heir to it
Basavaraj Tonagatti
Joseph-She has to produce the legal heir certificate to prove that she is the FIRST legal heir of the assets.
Sudhir
Sir sorry to interrupting but sir. how much time will take to Producing the First legal heir certificate .
Basavaraj Tonagatti
Sudhir-No idea but heard around 60 days or so.
gaurav
hello
my father has a property which he wants to will distribute in his children only after his wife’s death
till her death he wants her to be the owner of the flat
can such will be made & how it is mentioned in words
Basavaraj Tonagatti
Gaurav-Yes possible. Contact the lawyer for the draft.
Priyanka
Hi my uncle has died and in his Ppf at post office his brother is nominee . Can his wife take the funds through legal course . As per post office they will give funds to brother only
Basavaraj Tonagatti
Priyanka-His wife has the first rights over assets (even though he nominated his brother). Nomination alone not makes the ownership of the assets of a deceased person. Hence, she can claim it as she will be considered as the first legal heir than his brother. Go and do it immediately.
jayati
Hello, this is about nomination. Me & my husband would like to make my sister i.e blood relative of mine , nominee for Life Insurance, PPF & Endowment policies & immovables. We don’t have children and we consider my sister as our child. Please suggest a legal way out to mitigate the litigation on a later stage. Thanks-Jayati
Basavaraj Tonagatti
Jayati-Each product nomination be seen differently (as I wrote above). Also, check legal heir list of your hubby’s family. Nomination itself not give the rights to nominee to take over the ownership of asset. Legal heirs may sue and take over asset as per legal heir rules.
Parameshwaran
My sister sold à property and she would like to put me as a nominee in REC bond for the capital gains. Whether it can be done. If done will there be a problem.
Basavaraj Tonagatti
Parameshwaran-There is no issues.
Parameshwaran
She is married with two major children
Parameshwaran
Along with them, my Brother-in-Law is also there with them
Basavaraj Tonagatti
Parameshwaran-So you mean to say two nominees? But legally your brother-in-law is the first legal heir. So money goes to HIM.
VIKRAM.H
dear sir
my friend wants to take policy he is married person but his wife is not with him at present he wants make his son in law as a nominee can you please tel me to whom make nominee
vikram.h.
Basavaraj Tonagatti
Vikram-It is purely his choice. I can’t say because I don’t know his family structure. But better to make a nominee in blood relation.
Shravan
Hi,
My wife passed away after 45 days of marriage in a road accident while travelling with her parents. So she could not change the nominee details and her father is nominee for bank account, insurance and in her office.
She got a bike and phone bought before the marriage.
Who holds the right to all money that comes from bank,insurance and office?
Who has the right regarding bike and phone?
Whether it is husband(me) or her father?
Please help me
Note: we are hindus by birth and stays in telangana.
Thanks,
Shravan
Shravan
Hi,
I have recently married and my wife passed away in a road accident while travelling with her parents.
She kept her father as nominee in bank account lic policy and in her office.
As a legal heir will I get all the amount of it will go to her father.
Also if the nominee do not transfer the amount to me what action can be taken from my end to receive the amount.
Thanks,
Shravan
Basavaraj Tonagatti
Shravan-Legally speaking, you are the first legal heir than her father. So you can file your claim.
Shravan
But banks and insurance people not giving any details and they are asking for nominee.
What action can I take?
Basavaraj Tonagatti
Shravan-They have to give. Go directly to branch manager and speak with him instead of half knowledge executives. Take the marriage proof, death certificate and other relevant documents and apply for claim.
Shravan
I checked with branch managers in lic and Hdfc bank. Both denied giving any information. As per insurance laws they are authorized to share claims and information only with nominee it seems.
Also the relavent documents are with nominee. What can I do now?
Basavaraj Tonagatti
Shravan-Submit the proof of marriage and legal heir rules, go with any lawyer. They have to budge.
swarnalatha
sir, my father’s younger brother was died, he mentioned my father name in some insurence policy has a naminee is any eligible for to claim his property, he did not have wife & children. please give any information
Basavaraj Tonagatti
Swarnalatha-Being nominee in few life insurance policies does not mean that you can claim the property. Please contact a lawyer for the same and explain the family tree to him. Based on legal heir’s rule it will be settled.
Harish DL
Nice article.
Required some information about following queries:
1) My elder brother died in a road accident. In this case will my sister-in-law gets any compensation or accident death benefit from Debit and Credit Cards that were owned by my brother.
2) Even if there is any default in paying the Credit Card outstanding still can we get the accident death benefit.
3) What is the maximum time limit to claim these accident death benefit on Debit and Credit Card
4) Can my sister-in-law claim for accident death benefit from Debit and Credit Cards even if Nominee details are not mentioned.
5) What is the procedure and required documents to get this claim.
Basavaraj Tonagatti
Harish-I am not aware about the policy which your brother’s credit card company offering you. But yes it is true that your sister-in-law will be natural beneficiary. So even if nominee details are not mentioned then too she will get benefit. Regarding procedure and time frame for claim settlement, request you to contact credit card company or insurance company.
Altaf
Pls give on detail on property nomination in india also which document use for take nomination
spouse
My spouse before marriage has nominated his parents for everything, even shares in gold stores. After marriage would there be any change to the legal heir of the shares?
Basavaraj Tonagatti
Spouse-Yes naturally you will become a first legal heir.
dilip
If I am travelling by air & while buying ticket at the airport if I nominate my wife to receive compensation in case of my death – will she receive the money or she will have to wait till my succession certificate? I don’t want that or any other any legal interference in her receiving the money. If nomination is not a foolproof way for her receiving the money what is?
Why Banks do not inform clients while creating nomination that nominee does not get the goods automatically & will have to go through these legal hassles?
In my opinion the system of hanging the nominee high & dry is due to half cooked laws pertaining to NOMINEE.
Basavaraj Tonagatti
Dilip-First thing such online status updating (updating from airport about your nominee) I think still a dream. The second thing they need all the legal documents as per the procedure. Also what you said is 100% correct when it comes to consumer friendly initiative.
pattu
Excellent article. Shared on my FB page.
Basavaraj Tonagatti
Pattu-Thanks for sharing and your encouraging words 🙂
bemoneyaware
Good summary very useful
Basavaraj Tonagatti
bemoneyware-Thanks for your comment 🙂
Basavaraj Tonagatti
Dinesh-First priority will be children and husband. Second priority goes to husband’s legal heirs if all of them not present then father and mother.
I don’t think it will create a bigger problem unless their are some dispute or you not prove yourself as spouse. To avoid such complications better to have marriage certificate.
Dinesh
In case of wife died who will be the legal hier of the insurance money as well other assets own by wife? Can wife’s parent claim the insurance money or other assets?
Also, if wife still have her old name, does it really creates any problem after her deadth like in case of land ownership and all.