Death Claim
Death Claim
Death Claim
for
Settlement of Claims of
Deceased Depositors
Part I Introduction
Part V Annexures
Annexure-6 : RECEIPT
Part I - Introduction
The legal position is quite clear in the matter of settlement of claims on the death
of an individual. In the absence of nomination or clear mandate in respect of a
joint account or a will left behind by the deceased depositor, banks are required
to pay the stock (balance outstanding) at the time of death of the person to all the
legal heirs. Considering the risk involved, banks traditionally used to look for legal
representation (in the form of a succession certificate, letter of administration or
probate) for settlement of claims. The system of obtaining operational mandates
in joint accounts emerged as a banking practice to overcome difficulties in
settlement of claims in deceased accounts. Subsequently, the statutes were
amended in 1985 to provide for nomination facility in bank deposits, safe deposit
lockers and safe custody articles. However, since nomination facility is optional at
the discretion of the depositor, problems and difficulties in settlement of claims in
the event of death of an individual persist.
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Reserve Bank of India vide circular No. DBOD.No.Leg.BC.95 /09.07.005/2004-05
dated 9th June, 2005 have issued detailed guidelines for evolving simplified
procedure for settlement of claims in respect of deceased depositors. This model
operational procedure incorporates the guidelines contained in the RBI circular.
Besides, this model operational procedure will be applicable to settlement of
claims falling within the threshold limit for such cases having no nominee or
survivorship clause (member banks to determine the threshold limit keeping in
view their risk management systems). Settlement of claims in such cases within
the threshold limit will be settled against indemnity to be furnished by legal heir(s)
of the deceased depositor as may be applicable to specific claims.
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Part II – Guidance to the customers on advantages of
Nomination facility / survivorship mandate
Nomination facility
Survivorship
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If the mandate of survivorship is given / provided, the survivor(s) can give a
valid discharge to the bank in the case of "Either or Survivor" / "Anyone
or Survivors" and "Former or Survivor" / "Latter or Survivor" joint
accounts.
Member banks may bring out pamphlets and other publicity materials
incorporating details of operational procedures for settlement of claims of
deceased depositors for distribution amongst depositors.
Member Banks may give wide publicity and provide guidance to deposit account
holders on the advantages of the nomination facility and the survivorship clause.
It should be highlighted in the publicity material that in the event of the death of
one of the joint account holders, the right to the deposit proceeds does not
automatically devolve on the surviving joint deposit account holder/s, unless there
is a survivorship clause.
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Part III – Settlement of claims in various types of accounts /
Facilities
1. Single Account with or without nomination
With Nomination:
The balance outstanding at the time of death of the depositor will be paid to the
nominee on verification of his /her identity and proof of death of depositor
Without Nomination:
The balance outstanding will be paid to the legal heirs (or any one of them as
mandated by all the legal heirs) on verification of the authority of the legal heirs
and proof of death of depositor.
With Nomination:
The balance outstanding will be paid to the nominee on verification of his / her
identity and proof of death of depositor on maturity of deposit.
Without Nomination:
The balance outstanding will be paid to the legal heirs (or any one of them as
mandated by all the legal heirs) on verification of the authority of the legal heirs
and proof of death of depositor on maturity of deposit.
Without Nomination:
Premature termination will be permitted on joint request by all legal heirs (or any
of them as mandated by all the legal heirs) as per the terms of the contract on
verification of the authority of the legal heirs and proof of death of depositor.
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2. Joint Account with or without nomination and
without survivorship mandate (operated jointly)
With Nomination :
a) In the event of death of one of the joint account holders, the balance
outstanding will be paid jointly to survivor(s) and the legal heirs of the deceased
joint account holder(s) (or any one of them as mandated by all the legal heirs) on
verification of the authority of the legal heirs and proof of the death of the
depositor.
b) In the event of death of both / all joint account holders, the balance outstanding
at the time of death of the depositor(s) will be paid to the nominee on verification
of his identity and proof of death of depositors.
Without Nomination:
(a) In the event of death of any of the joint account holder(s), the amount
outstanding will be paid jointly to the legal heirs of the deceased account holder
(or any one of them as mandated by all the legal heirs) and surviving account
holders against their joint claim on verification of the authority of legal heirs and
proof of death of depositor.
(b) In the event of death of both/all joint account holders, the balance outstanding
will be paid to the legal heir(s) of all the depositors (or any one of them as
mandated by all the legal heirs) on verification of authority of the legal heirs and
proof of death of the depositors.
With Nomination:
(a) In the event of death of one of the joint account holders, the balance
outstanding will be paid jointly to survivor(s) and the legal heirs of the deceased
joint account holder(s) (or any one of them as mandated by all the legal heirs) on
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verification of authority of the legal heirs and proof of death of the depositor on
maturity of the deposit.
(b) In the event of death of both / all the joint account holders, the balance
outstanding at the time of death of the depositor(s) will be paid to the nominee on
verification of his identity and the proof of death of depositors on maturity of the
deposit.
Without Nomination:
(a) In the event of death of one of the joint account holders, the balance
outstanding will be paid jointly to the survivor(s) and the legal heir(s) of the
deceased (or any one of them as mandated by all the legal heirs) on verification
of authority of the legal heirs and proof of death of the depositor on maturity of the
deposit.
(b) In the event of death of both / all the joint account holders, the balance
outstanding will be paid to the legal heirs (or any one of them as mandated by all
legal heirs) on verification of authority of the legal heirs and proof of death of
depositors on the maturity of the deposit.
With Nomination:
(a) In the event of death of one of the joint account holders, premature
termination will be permitted against joint request of the survivor(s) and the legal
heir(s) (or any one of them as mandated by all legal heirs) as per the terms of
contract on verification of authority of the legal heirs and proof of death of
depositor.
(b) In the event of death of both / all joint account holder, the nominee will have
right to seek premature termination of term deposit account as per the terms of
contract on verification of his identity and proof of the death of the depositors.
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Without Nomination
(a) In the event of death of one of the joint account holders, premature
termination will be permitted against joint request of the survivor(s) and the legal
heir(s) of the deceased (or any one of them as mandated by all legal heirs) as per
the terms of contract on verification of authority of legal heirs and proof of death
of depositor.
(b) In the event of death of both / all the joint accountholders, premature
termination will be permitted against joint request by all legal heirs of the
deceased depositors (or any one of them as mandated by all legal heirs) as per
the terms of contract on verification of authority of legal heirs and proof of death
of depositors.
With Nomination :
(a) In the event of death of one of the joint account holders the balance
outstanding will be paid jointly to survivor(s) on verification of proof of death of the
depositor.
(b) In the event of death of both / all joint account holders the balance outstanding
will be paid to the nominee on verification of his identity and proof of death of
depositors.
Without Nomination :
(a) In the event of death of one of the joint account holders the balance
outstanding will be paid jointly to survivor(s) on verification of proof of death of the
depositor.
(b) In the event of death of both / all the account holders, the balance outstanding
will be paid jointly to the legal heirs (or any one of them as mandated by all the
legal heirs) on verification of authority of legal heirs and proof of death of
depositors.
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Term Deposit Account
With Nomination :
(a) In the event of death of one of the joint account holders the balance
outstanding will be paid jointly to survivor(s) on verification of proof of death of the
depositor on maturity of deposit.
(b) In the event of death of both / all joint account holders, the balance
outstanding will be paid to the nominee on verification of his identity and proof of
death of depositors on maturity of deposit.
Without Nomination:
(a) In the event of death of one of the joint account holders, the payment will be
made to the survivor(s) on verification of proof of death of the depositor on
maturity of deposit.
(b) In the event of death of both / all the joint account holders, the balance
outstanding will be paid jointly to the legal heir(s) (or any one of them as
mandated by all the legal heirs) on verification of authority of legal heirs and proof
of death of depositors on maturity of deposit.
With Nomination :
(a) In the event of death of one of the joint account holders, premature
termination will be permitted to survivor(s) as per the terms of contract on
verification of proof of death of depositor.
(b) In the event of death of death of both / all joint account holders, the nominee
will have right to seek premature termination of term deposit account as per the
terms of the contract on verification of his identity and proof of death of
depositors.
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Without Nomination
(a) In the event of death of one of the joint account holders, premature
termination will be permitted to survivor(s) as per the terms of contract on
verification of proof of death of depositor.
(b) In the event of death of both / all the account holders, premature termination
will be permitted against joint request by all legal heirs of the deceased (or any
one of them as mandated by all the legal heirs) as per the terms of contract on
verification of authority of legal heirs and proof of death of depositors.
With Nomination:
(a) In the event of death of former/latter, the balance outstanding will be paid to
survivor on verification of proof of death of depositor
(b) In the event of death of both the depositors the balance outstanding will be
paid to the nominee on verification of his identity and proof of death of the
depositors.
Without Nomination:
(a) In the event of death of former / latter as the case may be the balance
outstanding will be paid to the survivor on verification of proof of death of the
depositor.
(b) In the event of death of both the joint account holders, the balance
outstanding will be paid to legal heirs (or any one of them as mandated by all the
legal heirs) on verification of authority of legal heirs and proof of death of
depositors.
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Term Deposit Account
With Nomination:
(a) In the event of death of former/latter, the balance outstanding will be paid to
the survivor on verification of proof of death of the depositor on maturity of
deposit.
(b) In the event of death of both / all account holders the balance outstanding will
be paid to the nominee on verification of his identity and proof of death of
depositors on maturity of deposit.
Without Nomination:
(a) In the event of death of Former / Latter depositor as the case may be, the
balance outstanding will be paid to the survivor on verification of proof of death of
the depositor on maturity of deposit.
(b) In the event of death of both the joint account holders, the balance
outstanding will be paid to legal heirs (or any one of them as mandated by all the
legal heirs) on verification of authority of legal heirs and proof of death of
depositors.
(b) In the event of death of both the depositors the nominee will have right to seek
premature termination of term deposit account as per the terms of contract on
verification of his identity and proof of death of depositors.
Without Nomination
(a) In the event of death of former / latter depositor as the case may be premature
termination of the deposit will be allowed against request from surviving depositor
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as per the terms of the contract on verification of the proof of the death of the
depositor.
(b) In the event of death of both the joint account holders, the legal heirs (or any
one of them as mandated by all the legal heirs) will have the right to seek
premature termination of term deposit account as per the terms of contract on
verification of authority of legal heirs and proof of death of depositors.
different accounts / facilities are illustrated in the tabulated form in the annexure.
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5. Some clarifications regarding Provisions in Nomination Rules
The Banking Companies (Nomination) Rules, 1985 have been framed in
terms of Sections 45 ZA to 45 ZF of the Banking Regulation Act, 1949.
1. Deposit Accounts
(i) Nomination facility is intended only for individuals including a sole proprietary
concern.
(ii) There cannot be more than one nominee in respect of single / joint deposit
account.
(iii) Banks 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".
(iv) 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.
****************
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Part IV – Simplification of the process for settlement of
claims in deceased depositors' accounts
I. Documentation
Documents which are required to be submitted along with the claim form:
(a) Member Bank should exercise due care and caution in ascertaining the
identity of the survivor(s)/nominee and the fact of death of the account holder,
through appropriate documentary evidence;
(c) It may be noted that since payment made to the survivor(s) / nominee, subject
to the foregoing conditions, would constitute a full discharge of the bank's liability,
insistence on production of legal representation in such cases is superfluous and
unwarranted and it would only serve to cause avoidable inconvenience to the
survivor(s)/nominee. In such case, therefore, while making payment to the
survivor(s)/nominee of the deceased depositor, the member bank should not
insist on production of succession certificate, letter of administration or probate,
etc., or obtain any bond of indemnity or surety from the survivor(s)/nominee,
irrespective of the amount standing to the credit of the deceased account
holder.
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(d) In case where the deceased depositor had not made any nomination or for the
accounts other than those styled as "either or survivor" (such as single or jointly
operated accounts), member banks may adopt a simplified procedure for
repayment to legal heir(s) of the depositor keeping in view the imperative
need to avoid inconvenience and undue hardship to the common person.
In this context, member bank will, keeping in view its risk management
systems, fix a minimum threshold limit, for the balance in the account of the
deceased depositors, up to which claims in respect of the deceased
depositors would be settled without insisting on production of any
documentation other than a letter of indemnity.
Member Bank will settle the claims in respect of deceased depositors and release
payments to survivor(s) / nominee in case of accounts with survivor / 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.
Keeping in view the objective of settling the claims within a period not exceeding
15 days from the receipt of the claim and the risk management policy, member
banks may specify clearly monetary limits for different levels of officers for
settlement of claims.
(a) In the case of term deposits, member banks are advised to incorporate a
clause in the account opening form itself to the effect that in the event of the
death of the depositor(s), premature termination of term deposits would be
allowed. The conditions subject to which such premature withdrawal would be
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permitted may also be specified in the account opening form. Such premature
withdrawal would not attract any penal charge.
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.
If, on request from the claimant/s, the member bank agrees 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.
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VI. Treatment of flows in the name of the deceased depositor
OR
------- X ------
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Annexure-1
1. With Nomination
Sr. Nature of Single Joint A/c Joint A/c Joint A/c JJoint A/c
No. Account Depositor (operated (Either or (Former / (Anyone
jointly) Survivor) Latter or or
Survivor) Survivors)
A Savings / Nominee I. On death I. On death I. On death 1. On
Current of one of one of Former / death of
A/c depositor – depositor – Latter – one or
Legal Survivor Survivor more
Heirs of depositor/s
deceased –
+ II. On II. On Survivor/s
survivors death of death of
both both II. On
II. On depositors depositors death of all
death of all - Nominee Nominee depositors
depositors Nominee
- Nominee
B. Term - do - - do - - do - - do - - do -
Deposit (on
Account maturity of (on (on (on (on
deposit) maturity of maturity of maturity of maturity of
deposit) deposit) deposit) deposit)
C. Prematur - do - - do - - do - - do - - do -
e (As per (As per (As per (As per (As per
withdrawa terms of terms of terms of terms of terms of
l of FD contract) contract) contract) contract) contract)
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2. Without Nomination
Sr. Nature of Single Joint A/c Joint A/c Joint A/c JJoint A/c
No. Account Depositor (operated (Either or (Former / (Anyone
jointly) Survivor) Latter or or
Survivor) Survivors)
A Savings / Legal I. On death Survivor Survivor I. On death
Current Heirs or of one of one or
A/c person depositor – more
mandated Legal depositor/s
by them Heirs of – Legal
deceased Heirs of
+ II. On II. On deceased
survivors death of death of +
both the both the survivors
II. On depositors depositors
death of all – Legal – Legal II. On
depositors heirs of all heirs of all death of all
– Legal the the depositors
heirs of all depositors depositors – Legal
the heirs of all
depositors the
depositors
B. Term - do - - do - - do - - do - - do -
Deposit (on
Account maturity of (on (on (on (on
deposit) maturity of maturity of maturity of maturity of
deposit) deposit) deposit) deposit)
C. Premature - do - - do - - do - - do - - do -
withdrawal (As per (As per (As per (As per (As per
of FD terms of terms of terms of terms of terms of
contract) contract) contract) contract) contract)
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3. Illustrations on joint accounts
A. Joint Deposit Accounts (without nomination)
Deposit Account of With survivor clause Without survivor clause
A+B
A+B+C
A+B
A+B+C
*************************
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Annexure-2
Check-list of Documents
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Annexure - 3
From
___________________
___________________
___________________
To
The Branch Manager,
…….. Bank
___________________ Branch
Dear Sir,
Re: Deceased Account
Late Shri/Smt……………………..
Account No(s)……………
A. In case of Nomination
I,…………………………………………………son/daughter of Shri………………..
…………………………..residing at ………………………………………………….
…………………………………………………………………………………… am
(i) the registered nominee in the above account(s).
(ii) the person authorized to receive payment on behalf of Master / Miss
………………………………….. who is the nominee in the above
account(s) and is a minor as on the date of this claim.
Please settle the balance in the account in the name of the nominee. I/we receive
the payment as trustee(s) of the legal heirs of the deceased.
I/We Request you to delete the name of deceased person and continue the
account in my /our name(s) with same mode of operations.
From
___________________
___________________
___________________
To
The Branch Manager
…………… Bank
___________________ Branch
Dear Sir,
Re: Deceased Account
Late Shri/Smt……………………..
Account No(s)……………
I/We lodge my/our claim for the balances with accrued interest lying to the credit
of the above named deceased who died intestate. I / we am / are the legal heirs
of the above named deceased and lodge my/our claim for payment as per the
bank’s rules and discretion. The relevant information about the deceased and the
legal heirs are as under.
Father:__________________________________________________________
Mother:__________________________________________________________
3. Details of living (i) Husband (ii) Wife (iii) Children (iv) Father (v) Mother (vi)
Brothers (vii) Sisters (viii) Grand Children. If Hindu Joint Family, the name
and address of the Karta and Co-parceners with their respective ages.
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(Annexure – 4: Page2)
5. Claimant/s name/s :
and address in full
(i) ________________________________________________
(ii) ________________________________________________
(iii) ________________________________________________
I/We submit the following documents. Please return the original death certificate
to us after verification:
We request you to pay the balance amount lying to the credit of the above named
deceased to …………………………………….on my/our behalf.
I/We hereby solemnly affirm that the above statements are true and correct to the
best of my/our knowledge and belief.
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Annexure – 5
To
25
Annexure - 6
RECEIPT
Received with thanks from XXX Bank, _________________ branch, a sum of Rs.
_______________ (Rupees _____________________________ only) by
Banker’s Cheque No.________________ dated ____________ in favour of
____________________________________________________ in full and final
settlement of my/our claim as successor on the balance in ___________
Account(s) No(s).______________ standing in the name of the deceased
Shri/Smt/Kum. ________________________________. I/We do not have any
other claim from the Bank henceforth.3
Place:
Date:
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