Customer
Guide
Procedure for Settlement of Claims in respect
of Deceased Depositors / Locker-holders
Settlement of Claims in respect of deceased depositors
and locker holders will primarily depend upon
whether – (a) the depositor(s) or locker
holder(s) had appointed Nominee or (b) in case
of joint accounts, the account holders had given
‘survivorship mandate’ to the Bank.
Advantages of Nomination
Nomination facility simplifies the procedure
for settlement of claims of deceased depositors
as the bank will make payment of the balance outstanding
in a depositor's account at the time of his death
or delivering contents of locker to the nominee
on verification of his/her identity and proof
of death of depositor. Nomination facility is
available for all deposit accounts and lockers
and, if availed, would ensure smooth settlement
of claim to the nominee.
It may be noted that nomination is introduced
solely for the purpose of simplifying the procedure
for settlement of claims of deceased depositors
and nomination facility does not take away the
rights of legal heirs on the estate of the deceased.
The nominee would be receiving the money from
the bank as a trustee of the legal heirs.
Advantages of Survivorship
Mandate
A joint account opened as "Either or
Survivor" or "Anyone or Survivors"
or "Former or Survivor" or
"Latter or Survivor" will permit
the surviving account holder(s) to have unimpeded
access to the credit balance in the account for
withdrawal if one of the account holders dies.
Payment to survivor(s) will be made in the normal
course subject to the only rider that there is
no order from a competent court restraining the
bank from making such payment.
Clarifications
Regarding Provisions in Nomination Rules
The Banking Companies (Nomination) Rules, 1985
have been framed in terms of Sections 45ZA to
45 ZF of the Banking Regulation Act, 1949.
- Nomination facility is intended
only for individuals including a sole proprietary
concern.
- There cannot be more than one nominee
in respect of single / joint deposit account.
- Bank may allow variation/cancellation
of a subsisting nomination by all the surviving
depositor(s) acting together. This is also applicable
to deposits having operating instructions "Either
or Survivor".
- It may be noted that in the case
of a joint deposit account the nominee's right
arises only after the death of all the depositors.
Settlement Of Claims In
Various Types Of Accounts / Facilities
1. With Nomination
Sr. No. |
Nature of Account |
Single Depositor |
Joint A/c
(operated
jointly)
|
Joint A/c
(Either or
Survivor)
|
Joint A/c
(Former / Latter or Survivor)
|
Joint A/c
(Anyone or Survivors)
|
A |
Savings / Current A/c |
Nominee |
I. On death of one depositor –
Legal Heirs of deceased + survivors
II. On death of all depositors -
Nominee
|
I. On death of one depositor –Survivor
II. On death of both depositors - Nominee
|
I. On death of Former / Latter –Survivor
II. On death of both depositors Nominee
|
1. On death of one or more depositor/s
– Survivor/s
II. On death of all depositors Nominee
|
B. |
Term Deposit Account |
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
C. |
Premature withdrawal of FD |
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
2. Without Nomination
Sr. No. |
Nature of Account |
Single Depositor |
Joint A/c
(operated
jointly)
|
Joint A/c
(Either or
Survivor)
|
Joint A/c
(Former / Latter or Survivor)
|
Joint A/c
(Anyone or Survivors)
|
A |
Savings / Current A/c |
Legal Heirs or person
mandated by them |
I. On death of one depositor –
Legal Heirs of deceased + survivors
II. On death of all depositors –
Legal heirs of all the depositors |
Survivor
II. On death of both the depositors –
Legal heirs of all the depositors
|
Survivor
II. On death of both the depositors –
Legal heirs of all the depositors |
I. On death of one or more depositor/s
– Legal Heirs of deceased
+ survivors
II. On death of all depositors –
Legal heirs of all the depositors
|
B. |
Term Deposit Account |
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
- do -
(on maturity of deposit)
|
C. |
Premature withdrawal of FD |
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
- do -
(As per terms of contract)
Except that premature penalty would
not be levied in any case)
|
Settlement Of Claims In
Various Types Of Accounts / Facilities
I. Accounts/Lockers with Nomination or
Joint Accounts/Lockers with “Either or Survivor”
/ “Anyone or Survivor” / “Former
or Survivor” / “Latter or Survivor”
instructions
The following documents are required to be submitted
by the claimant(s) :
- Application Form (as per prescribed format)
- Proof of death of depositor(s) or hirer(s)
– original to be produced for verification.
- Proof of identification of nominee(s) wherever
applicable such as Ration Card, Election ID
Card, PAN Card or Passport or any other satisfactory
proof of identification acceptable to the bank.
(Original to be produced for verification)
Notes:
- The Claim will be considered after
ascertaining the identity of the survivor(s)/nominee
and the fact of death of the account holder,
through appropriate documentary evidence;
- The survivor(s)/nominee would be
receiving the payment from the bank as a trustee
of the legal heirs of the deceased depositor,
i.e., such payment to him / them shall not affect
the right or claim which any person may have
against the survivor(s)/nominee to whom the
payment is made.
- Since payment made to the survivor(s)
/ nominee, subject to the foregoing conditions,
would constitute a full discharge of the bank's
liability, the Bank would not ask for / insist
on production of succession certificate, letter
of administration or probate, etc., or obtain
bond of indemnity or surety from the survivor(s)/nominee,
irrespective of the amount standing to the credit
of the deceased account holder.
II. Accounts/Lockers without Nomination
or Joint Accounts/Lockers without “Either
or Survivor” / “Anyone or Survivor”
/ “Former or Survivor” / “Latter
or Survivor” instructions, where amount
claimed is upto Rs.500,000/-.
Balances |
Documentation (as per prescribed
formats) |
Upto Rs.5000/- |
- Application Form for Deceased Claim
- NOC from All Legal Heirs
- Unstamped Indemnity
- Receipt.
|
Above Rs.5000/- but upto Rs.100,000/- |
- Application Form for Deceased Claim
- NOC from All Legal Heirs
- Stamped Indemnity
- Receipt
|
Above Rs.100,000/- but upto Rs.500,000/- |
- Application Form for Deceased Claim
- NOC from All Legal Heirs
- Stamped Indemnity-cum-Guarantee with
one/two sureties acceptable to the Bank.
- Receipt
|
Above Rs.500,000/- |
Claimants to produce Legal Representation
(like Succession Certificate, Letter of
Administration, Probate, etc.) |
TIME NORMS FOR SETTLEMENT
OF CLAIMS
Bank would normally settle the claims in respect
of deceased depositors and release payments to
survivor(s) / nominee in case of accounts with
survivorship mandate / nominee within a period
not exceeding 15 days from the date of receipt
of the claim subject to the production of proof
of death of the depositor and suitable identification
of the claimant(s) to the member bank's satisfaction.
In the case of accounts without survivor / nominee
clause the claim should be settled within 1 month
from the date on which the requisite documents
have been submitted.
MISCELLANEOUS
Premature termination of Term Deposit
Accounts and payment of interest / other issues
relating to Term Deposit Account
- In the case of term deposits, if
the depositor(s) have authorised premature termination
in the event of the death, the bank may allow
premature withdrawals without levying penalties.
- Payment of interest in case of term
deposit accounts of deceased depositor(s)
In case of a term deposit
standing in the name/s of –
(1) a deceased individual depositor, or
(2) two or more joint depositors, where one
of the depositors has died, interest shall
be paid in the manner indicated below
- on the maturity of the
deposit: at the contracted rate.
- In case of premature
withdrawal i.e., in the event of the payment
of deposit being claimed before the maturity
date : the bank will pay interest
at applicable rate with reference to the
period for which the deposit has remained
with the bank without charging penalty.
- In case of deposit being
claimed after the date of maturity :
At Savings Bank rate (simple) will be paid
from due date upto date of payment of claim.
- Splitting of Term Deposit
If, on request from the claimant/s, bank may
agree to split the amount of term deposit and
issues two or more receipts individually in
the names of the claimant/s, it shall not be
construed as premature withdrawal of the term
deposit, provided the period and aggregate amount
of the deposit do not undergo any change.
Treatment of flows in the
name of the deceased depositor
In order to avoid hardship to the survivor(s)
/ nominee of a deposit account, the bank may obtain
authorization from the survivor(s) / nominee to
return the pipeline flows to the remitter with
the remark "Account holder deceased"
and to intimate the survivor(s) / nominee accordingly.
The survivor(s) / nominee / legal heir(s) could
then approach the remitter to effect payment through
a negotiable instrument or through ECS transfer
in the name of the appropriate beneficiary.
Disclaimer: This is a brief guide for
customers / claimants and not the complete transcript
of the procedure followed by the Bank for settlement
of deceased claims. You are advised to approach
the Branch Manager or Manager Customer Service
at any of our Branches for further information
/ clarifications / updates and for obtaining specimen
forms / formats prescribed for the purpose.
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