Estate planning · Nomination
Nominee vs Legal Heir: the difference that causes disputes
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
A nominee in bank accounts, mutual funds, and demat accounts is not the owner after death, they hold the assets in trust for the legal heirs until distribution. However, for insurance policies and EPF, the nominee IS the absolute owner (special statutes override succession law).
Provisions and law
- Companies Act 2013, Sec 72 | Banking Companies Nomination Rules 1985
Analysis
This distinction matters: if you nominate your son for your FD but your Will says 50% to your daughter, your daughter must sue your son to get her share. The bank will give everything to the nominee, they have no obligation to check the Will.
Conclusion
- Life insurance, nominee is absolute owner (Insurance Act Sec 38/39)
- EPF/PF, nominee on Form 2 gets everything (EPF Act overrides succession)
- SCSS, PPF, NSC, nominee gets the deposit
- Bank FD/savings accounts
- Demat accounts (shares)
- Mutual fund units
A Savvy can do this for you
Death claim for a deceased family member's life policy
₹2,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.
People also ask
- PMS fees: management fee, performance fee, and their tax deductibility
- EPF and PPF nominations: Form 2 is critical
- LTCG on Property, 12.5% (No Indexation) vs 20% (With CII): Choose Lower
- Penalty for not issuing Form 16 or 16A in time
- TDS on Property Purchase: Section 393(1) (old 194IA), Form 141 (old Form 26QB)
- CIT(A) appeal: Form 35 (now Form 99), grounds, and stay of demand