What are the Fixed Deposits Nominee Rights?

Posted by Narendra Pratap
4
Oct 9, 2014
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Fixed deposits is the kind of long term deposits made by an individual in a particular bank for a particular time period, thereby, earning some amount of interest on it. It is generally made for the longer terms i.e. 1 year or more than that. Such time period is sufficient enough to portray any kind of contingency related to the death of the depositor. In such case, what would a bank do in order to remit the deposit money in the bank? 

For this situation, banks have a nomination facility as per the section 45ZA(2) of the Banking regulation act, where in a person who is depositing his/her money in the bank account is asked to refer any person’s name , whom he/she wants to authorize to receive the claims in case of a sudden demise of the depositor.

For this purpose a separate form is filled bearing an individual’s name (Nominee), with a signature of the depositor. This signed form will give all the rights to that individual with regard to the nominee rights as per the Banking regulation act.

Nominee is the person who is having legal rights on to the amount deposited by the deceased in his/her bank accounts, FD’s, RD’s or any other kind of investments. After the death of the depositor, nominee has to furnish the following documents in order to receive the said claim and that are as follows:

  • ·         Death certificate of an individual
  • ·         Photo identity proof of self

After submitting the above documents, nominee is fully entitled to receive the claims within the stipulated time period.

Now, let’s discuss the Nominee rights in case of Fixed Deposits:

Rights of Nominee in case of Fixed Deposits

  • Ø  Right to claim the amount of Fixed deposit without any indemnity bond and succession certificate:

A nominee has the right to claim any amount as a fixed deposit made by the deceased depositor without furnishing any Succession certificate or any kind of indemnity bond to the bank. A bank should not create any kind of inconvenience with regard to these certificates in order to settle the claim. Mere a death certificate of the deceased depositor and an identity proof of the self would do completely in terms of claim settlement.

  • Ø  Right to claim the amount of Fixed deposit in case of any Rival claims added up:

RBI and banking regulations act has authorized the nominee to receive the claims without any intervention. In case some of the rival claims being added up, the amount of claim will be assigned only to the nominee. Nomination form is filled with a purpose to avoid any such confusions and interventions. A depositor can make any person whether related to him or not, as his/her nominee and nobody can seize nominee rights.

  • Ø  Right to claim premature termination:

Nominee has an exclusive right to claim premature termination of the fixed deposit in case of a death of the depositor. This premature withdrawal or termination would be free of cost to the nominee, without any penal charges.

  • Ø  Right to allow bank on the pipe flows of the amount in the name of the deceased holder:

Nominee can allow or instruct the bank in terms of the pipe flows of the amount in the name of the deceased account holder and thereby, withdrawing the amount through the negotiable instruments, wherein the instrument would be transferred in the name of the nominee.

  • Ø  Right to access to the lockers linked to the Fixed deposit made by the deceased person:

Nominee has an exclusive right to access the lockers that are linked to the fixed deposits made by the deceased individual and can claim the things that are kept in the locker.

  • Ø  Right to get the settlement within 15 days from the date of request of claim to the bank:

Nominee has a right to get the settlement within 15 days from the request being made to the bank to settle the claims with respect to the FD being made by the deceased depositor.

Therefore, these are the nominee rights with respect to the FD amount settlement in case the depositor dies before withdrawing the amount.

So, check your rights and claim your amount with full confidence!
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