Skip to main content

Nominee versus Legal Heir

 

 

A few weeks ago, the Bombay High Court overturned an earlier judgment that had declared that nominees, and not legal heirs, will get the ownership rights of share certificates.

 

The ruling has once again thrown open the debate on the ownership of an investor's assets once s/ he dies. Who is the legitimate owner of the assets — the nominee or the legal heir/ s? In general, the nominee is deemed to be a trustee or a custodian under the law and must distribute the assets to the legal heirs named in a will, or according to the country's succession laws. This is true for all financial instruments, except shares and debentures. What's also interesting is that the new Insurance Laws ( Amendment) Act, 2015, makes nominees — restricted to immediate family members such as spouse, parents and children — the beneficiary so that the insurance money can go to the intended recipient.

In the case of stocks and debentures, the nominee is supposed to legally inherit the assets on the death of the shareholder. The Bombay High Court had ruled that the nominee, and not the legal heir, would inherit the shares. In case of a joint holding, the surviving joint holder becomes the owner of the shares/ debentures, and not the nominee. On the other hand, if a nominee has not been named or if the nominee has pre- deceased the original holder/ s, then a beneficiary under the will of the last surviving joint holder is entitled to the shares.

In the absence of a will, whosoever has been nominated will be the ultimate owner of the ' shares' and the succession law of inheritance will not be applicable. This is an old rule and in place since long. But a will can supersede this.

In most cases, the beneficiary has to be the legal heir, and not the nominee. In specific cases, however, if the legal heir has not bothered to lay claim to the assets for several years and then comes back to claim the assets, the court may, at its discretion, not allow him to do so. One way to get around the ambiguity is to appoint the intended beneficiaries as nominees, say experts. This is especially so because a financial firms liability or responsibility is after they pay the money or transfer the assets to the nominee. This means it is up to the legal heir/ s to get the nominee to pass on the money to them. Sometimes, it is may be better to make the same person as second holder and nominee. In such cases, the persons right as joint owner to the extent of his share will take precedence over his role as a nominee.

If the nominee is unwilling to pass on the assets in good faith, the matter can be taken up in a court. The legal heir would need to substantiate his/ her claim by producing a succession certificate or a probated/ registered will.

Experts say the best way to avoid complication is to draw up a clear and unambiguous will. A will supersedes everything else. It should cover three broad areas of financial assets ( fixed deposits, shares, debentures, mutual funds, etc), moveable and immovable properties ( house, car etc), and residual assets ( art work, antique jewellery, etc),

Best Tax Saver Mutual Funds or ELSS Mutual Funds for 2015

1.ICICI Prudential Tax Plan

2.Reliance Tax Saver (ELSS) Fund

3.HDFC TaxSaver

4.DSP BlackRock Tax Saver Fund

5.Religare Tax Plan

6.Franklin India TaxShield

7.Canara Robeco Equity Tax Saver

8.IDFC Tax Advantage (ELSS) Fund

9.Axis Tax Saver Fund

10.BNP Paribas Long Term Equity Fund

You can invest Rs 1,50,000 and Save Tax under Section 80C by investing in Mutual Funds

Invest in Tax Saver Mutual Funds Online -

Invest Online

Download Application Forms

For further information contact Prajna Capital on 94 8300 8300 by leaving a missed call

---------------------------------------------

Leave your comment with mail ID and we will answer them

OR

You can write to us at

PrajnaCapital [at] Gmail [dot] Com

OR

Leave a missed Call on 94 8300 8300

---------------------------------------------

Invest Mutual Funds Online

Invest Any Mutual Fund Online

Download Mutual Fund Application Forms from all AMCs

Popular posts from this blog

Bear markets may kill, but bulls always return with vengeance

Average Gain Between Any Two Downturns Has Been 186% IF you have lost a fortune in shares by now, the best way to make it up perhaps could be by buying some more. Since the Great Depression of 1929, the world has undergone 12 major bear market phases. The average bear market has lasted about 22 months, and the market has fallen by an average of 51%. However, the average gain during the bull market between any two downturns has been an eye-popping 186%. The index here in question is the S&P 500. Bull markets — after every recessionary phase — have always been good for investors. All major bull rallies since end-1930 have resulted in markets gaining between 50-500%. Historic numbers show that the magnitude (size or breadth) of a bull market is much heavier than that of a bear market. The million dollar question is: Are we at the threshold of another bull market rally? Markets could go up intermittently, but convincing rallies will take time to happen. The current bear phase is...

NRIs and direct taxes code (DTC)

DTC Proposes To Do Away With Special Provision That Allows NRIs Liberalised Duration Of Stay In Country      THE new direct taxes code could bring a large number of global Indians under the tax net, as it does away with a provision that allowed individuals to escape tax in any country citing double tax avoidance.    The new legislation, introduced in Parliament on Monday, says an individual shall be a resident of India in any financial year if he is in the country for more than 59 days in that year, and has been has been India for more 365 days in four preceding financial years. A number of Indian industrialists including Vedanta's Anil Agarwal and Essar's Ravi Ruia have acquired non-resident status over the years.    The DTC has only attempted to clean up the provision in line with the laws globally. A phrase "being outside India" in the existing income tax law exempted individuals who stay outside the country for six months from paying taxes. This was prone ...

Stick to Good Fund Manager who Can Multiply Your Investment

A manager may be the difference between the best and worst funds. Here's how you can find the right one    Does a mutual fund manager make a difference to your investment? The answer may not be as easy as you think, since most best-performing mutual funds have moved away from individualistic fund management to process-driven methods, limiting the scope of an individual's role in investment decisions. In fact, many fund managers would speak at length about how the "system" their fund house has in place makes their task of picking stocks easy even though it restricts their freedom. Still, the question is important, especially after recent reports that the Securities and Exchange Board of India ( Sebi ) may ask fund managers to disclose to investors their track record of managing money. Let us take a look at the universe of large-cap funds over the past five years. According to Value Research, an independent mutual fund tracking firm, the topper in the category is DSP...

Tata Fixed Income Portfolio Fund dividend

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)       Tata Mutual Fund has announced dividend under the dividend option of Tata Fixed Income Portfolio Scheme B2 Plan A-DQ, Tata Fixed Income Portfolio Scheme B2 Reg-DQ and Tata Fixed Income Portfolio Scheme B2 Direct-DQ. The record date has been fixed as August 29, 2013. Happy Investing!! We can help. Call 0 94 8300 8300 (India) Leave your comment with mail ID and we will answer them OR You can write back to us at PrajnaCapital [at] Gmail [dot] Com --------------------------------------------- Invest in Tax Saving Mutual Funds ( ELSS Mutual Funds ) to upto Rs 1 lakh and Save tax under Section 80C. Invest Tax Saving Mutual Funds Onlin...

IDFC Classic Equity Fund

Invest In Tax Saving Mutual Funds Online Download Tax Saving Mutual Fund Application Forms Buy Gold Mutual Funds Call 0 94 8300 8300 (India)   IDFC Classic Equity Fund IDFC Classic Equity is a large-cap equity fund which currently has assets under management worth Rs. 158.52 crore. It was launched in August 2005. The fund is benchmarked against the BSE-200 Index. Performance YTD 1-Year 3-Year 5-Year Since Inception IDFC Classic Equity 0.93 26.61 6.30 1.01 11.65 BSE 200 1.52 17.31 6.00 1.99 12.98 All figures in % as on January 31, 2013; Returns above one-year in CAGR terms ...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now