Tuesday, August 4, 2020

Nominee & Succession Certificate.. ..Provision

Nominee ............. Nomination.......... Succession Certificate................ Related legal provision........
                                    
- In general a person may nominate any person as   his nominee in service record , bank insurance record .......Etc.      

- Basically nominee is nothing but trustee of person who nominated him as his nominee.

- Nominee is a person to collect property of a person who nominated after his death.

- Nomination does not confer any beneficial interest on the nominee.

- Nominee is entitle to receive the property of the deceased but the same are to be distributed according to the Law of Succession which is applicable to deceased.

- Nominee does not confer any legal right of Succession of a person who nominated as nominee on the nomination.

- But nominee can file an application for succession certificate & receive property of deceased but same shall be distributed according to Law of Succession.

- In case of nominee is other than Legal Heir of deceased , the Legal heir of deceased can claim property of deceased in accordance with the Law of Succession.

.......... Relevant Provision............

....S.372 of Indian Succession Act 1925.

... Law of succession e.g. Hindu Succession Act, Indian Succession Act, Succession in Mohammedan Law ..Etc

 - - - - - Relevant Judgement - - - - - - -

- Shipra Sengupta v/s Mridul Sengupta & Ors 2009 SAR 875.= 2009(6) All.M.R.486.

- Vidhyadhari v/s Sukhrana Bai 2008(3) Mh.L.J.(S.C.) 1

- Antonio Joaofernandes v/s Assistant Provident Fund Commissioner Goa 2010(4) Mh.L.J.751.

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