Deyasini
The rights a nominee gets supersedes by the rights of a legal heir
Deyasini Das 10 Jul 2021

The rights a nominee gets supersedes by the rights of a legal heir

My father and mother passed away after they came down with covid. My father had made a registered Will in 2015. According to that document, my nephew has been named the claimant of all his liquid assets. However, after 2015, my father declared me as his nominee in almost all his bank accounts. Under these circumstances, who is the rightful claimant of my father’s liquid assets, my nephew or myself?”

 

According to the details provided in the abovementioned question, the Indian Succession Act, 1925 must be applied in the matter, considering the person and his family to be of Hindu religion. 

The late father has identified the person’s nephew to be the sole legatee of his liquid assets. In situations like this, the Indian court has held that the rights of a nominee gets superseded by the rights of a lawful heir, in previously decided matters. A nominee, who is a selected person by the deceased during their lifetime can act as a trustee on behalf of their legal heir. He or she may hold the property in question until any decision of inheritance is delivered by the Court. 

In the above-mentioned question, requirements of a probate has not been communicated. A probate can be referred as the legal procedure whereby a Will is demonstrated in an official courtroom and acknowledged as a legitimate public archive that is the genuine last testament of the deceased. So, it may be assumed that the mandatory procedures were done to bring the Will into effect. 

In general scenario, the banks may choose to deliver the assets held in the different bank accounts owned by one (in their ability as a nominee of such financial balances), the person simply qualifies for holding such assets for the benefit of the lawful beneficiary recognized under the Will, in this case it is the nephew. 

Further, by determining the location, the appropriate law will be followed to solve the issue of the late father’s assets. A letter of administration or grant of probate may be required in this matter. The rightful “claimant” to the late father’s estate according to the Will would be the nephew. 

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