A nominee in a bank is a person chosen by the account holder to receive the funds in the account if the holder dies. The account holder can name a nominee when opening the account or later by submitting a request to the bank.
The nominee does not become the owner of the money but acts as the person who receives the funds from the bank. This process helps banks transfer the balance without long legal delays. It also helps family members access the money faster when needed.
Banks allow nominations for savings accounts, fixed deposits, lockers, and other banking products. Account holders can update or cancel the nomination at any time by following the bank’s rules and procedures.
What is a Nominee in Bank?
A nominee in a bank is a person chosen by the account holder to receive funds if the holder dies. This nomination helps the bank transfer the balance without long legal procedures or delays.
The nominee acts as the person who receives the money from the bank after the account holder’s death. However, the nominee may hold the funds on behalf of the legal heirs according to applicable succession laws.
Account holders can add a nominee while opening a bank account or later through a request form. Banks allow nominations for savings accounts, fixed deposits, and lockers under standard banking procedures.
The account holder can also change or cancel the nominee at any time. This requires submitting a request to the bank and following the nomination rules set by the banking institution.
Who Can Be a Nominee?
- A nominee can be any person chosen by the account holder. This may include a family member such as a spouse, parent, child, or sibling who is trusted to receive the funds.
- A person who is not a family member can also be selected as a nominee. The account holder has the freedom to choose any individual, as long as the bank records the nomination correctly.
- A minor can also be named as a nominee in a bank account. In such cases, the account holder must also appoint a guardian who will receive the funds on behalf of the minor.
- In joint bank accounts, the account holders can jointly decide the nominee. The nomination usually becomes applicable after the death of all account holders, while the surviving account holder may continue operating the account according to the account’s operating instructions.
Benefits of Having a Nominee
When you open a bank account it is most likely that you have all the savings of your life deposited in your bank account. Appointing a nominee is like an assurance that even in your absence, your funds are seamlessly transferred to the person whom you trust and want to give your money to.
Failing to appoint a nominee can create several legal issues, not just with the bank but even in your family. Remember that if you don’t appoint a nominee to obtain the funds, you may require a court order. Therefore, appointing a nominee ensures that in your absence, your loved ones do not have to deal with these hassles.
If, due to an unfortunate event, you are not around and your loved ones have to take care of immediate expenses like medical emergencies, college fees, funeral expenses, etc., obtaining funds from your bank account becomes easier for them if they’re appointed as a nominee.
Additional Read: NEFT (National Electronic Funds Transfer)
Nominee Rules in India
A simple rule for appointing a nominee is that you can appoint an individual nominee for one bank account. However, make sure to cross-check whether your bank allows more than one nominee. Additionally, remember that you can have different nominees for your bank accounts.
If you want to appoint any non-residential Indian (NRI) as a nominee for your bank account you can easily do so. However when it comes to transferring funds in case of your absence, the nominee might need to take clearance from the Reserve Bank of India.
As discussed above, even a minor can be appointed as a nominee if there is a designated guardian. Once the minor reaches the age of 18 years they automatically become legally entitled to the funds in case of your absence. In addition to this any individual who has been illegally appointed to handle your bank account on behalf of a minor also has the right to appoint any other guardian to represent the minor.
Nominee in a Bank and Its Importance
- A bank nominee helps the bank transfer account funds after the death of the account holder. This process reduces delays and allows the bank to release the balance without long legal procedures.
- The nomination system helps family members access funds more quickly during difficult situations. It reduces paperwork and helps the bank identify the person who should receive the account balance.
- A nominee acts as the receiver of funds from the bank. The money may later be distributed according to succession laws and the rights of legal heirs.
- Adding a nominee also improves financial planning. It ensures that account details and funds are handled smoothly after the account holder’s death, which can reduce confusion among family members.
Major Differences Between a Lawful Heir and a Nominee
Basis
| Nominee
| Lawful Heir
|
|---|
Meaning
| A nominee is a person chosen by the account holder to receive funds from the bank after the holder’s death. The nominee acts as the receiver of funds from the bank.
| A lawful heir is a person who has the legal right to inherit the assets of the deceased person according to succession laws or a valid will.
|
Legal ownership
| The nominee usually receives the money from the bank as a custodian or trustee. The nominee may later transfer the funds to the rightful legal heirs according to law.
| A lawful heir has the legal claim to the assets of the deceased. Ownership rights are determined through succession laws or through instructions given in a will.
|
Appointment
| A nominee is appointed directly by the account holder through a nomination form submitted to the bank while opening or operating the account.
| A lawful heir is determined by personal law, succession law, or a legally valid will prepared by the deceased person.
|
Role after death
| The nominee helps the bank release funds quickly after the account holder’s death. The role mainly helps simplify the transfer process between the bank and the family.
| The lawful heir receives the legal ownership of the assets. The distribution of funds or property follows succession rules or the instructions stated in the will.
|
What Happens When There is No Nominee?
- If a bank account does not have a nominee, the bank cannot transfer the funds immediately after the account holder’s death. The family may need to complete additional legal steps before receiving the balance.
- The bank may ask the legal heirs to provide documents such as a succession certificate, legal heir certificate, or court order. These documents help confirm who has the legal right to the funds.
- This process can take more time because the bank must verify the claim of the legal heirs carefully. The delay may affect how quickly the family can access the account balance.
- Adding a nominee helps avoid these delays. It allows the bank to release the funds to the nominated person first, while the final ownership may still follow applicable succession laws.
Additional Read: How to Add a Nominee to My Demat Account
How to Add or Change a Bank Nominee
Online Method:
Visit the official website of your respective bank and login into your account.
Find and select the option similar to “Account Services” and you will be able to find a “Update Nominee” option.
From here you have to fill in the details of your bank account like bank account number name, IFSC code etc.
In the next step, select an option similar to “Add A New Nominee” or “Change Nominee” to generate a request.
Once you have submitted the request the bank will verify and update the same.
Offline Method
Visit the nearest branch of your respective bank.
Speak to a representative and ask for an application form to change or update the nominee.
Fill in the application form with relevant details like bank account number, name, IFSC code et cetera and details of the nominee.
Once you have submitted the form the bank will verify and update the same.