Introduction
Death of a person is a turbulent period, both mentally and financially, for the members of the bereaved family. Speedy disposal of claim requests of deceased depositors would be a solace to the legal heirs/nominee/survivor of the deceased customer. The Bank shall adopt the policy of efficient and hassle- free handling of claim petitions by branches/Head Office while ensuring that the money / articles of deceased customer is claimed by the person/s who are entitled thereto.
The Bank shall settle all claims in respect of deceased customer/s and shall release payments / articles kept in SDV (Safe Deposit Vault) to survivor(s) / nominee(s) within a period not exceeding 15 days from the date of receipt of the claim, along with all required documents.
Banks should report to the Customer Service Committee/Board, at appropriate intervals, on an ongoing basis, the details of the number of claims received pertaining to deceased depositors / locker-hirers / depositors of safe custody article accounts and those pending beyond the stipulated period, giving reasons therefor.
Objective
The objective of this policy is to smoothen the process of settling claim(s) of deceased account holder and provide better customer service by avoiding hardships to the nominee(s)/heir(s) of the customers in settlement of their claims. The premise of this policy is based on the guidelines regarding settlement of deceased claim by banks and incorporates various instructions and guidelines issued by the RBI from time to time regarding procedures of handling such settlement.
Definitions
Deceased Account
A deceased account is a bank account such as a savings, Term Deposit, current account, safe deposit locker etc. owned by a deceased person.
Nominee
Nominee means the person or persons duly appointed by the account holder, depositor, or investor, who shall be entitled to receive the proceeds of the account, deposit, or investment upon the death of the account holder.
Legal Representation
A legal representation is one that is granted by a Court of Law entitling the legal heirs of the deceased to collect the debts/securities or assets of the deceased. Bank may opt for settling the matter through legal representation.
The following documents represent different forms of legal representation:
Probate
It is the legal process/court order administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property under a valid Will. Bank to act as per the probate/court order.
Letter of Administration
It is order issued by a Court for administration of the property of a deceased. Bank must act as per the Court order.
Succession Certificate
It is a certificate/order issued by a court of competent jurisdiction declaring the names of legal heirs of a deceased person and percentage of their share in the property of the deceased. This needs to be submitted in condition when there is no “Will” prepared by deceased and no “Nominee” is registered.
Intestate
The depositor dies intestate means that he/she has not left behind any “Will”.
Settlement of claims in respect of missing persons
The nominee(s)/ legal heir(s) of a missing person shall be required to get an order from the competent court under the provisions of Sections 110 or 111 of the Bharatiya Sakshya Adhiniyam, 2023. The claim in respect of such missing person shall be settled as per the procedure applicable for settlement of claims in respect of a deceased customer. In such cases, a copy of the court order declaring the civil death of the account holder shall be obtained in lieu of the death certificate. However, to avoid inconvenience and undue hardship to the common person where the aggregate amount payable, including accrued interest, as on the date of the application is less than ₹1 lakh or such higher amount as may be fixed by the bank, a copy of the First Information Report (FIR) and non-traceable report issued by police authorities shall be obtained in lieu of death certificate or an order from a competent court declaring the civil death of the account holder for settling the claim.
Estate Account
Mode of Payment
Payment should be made through “Account Payee only” Demand Draft or NEFT/RTGS or as per court order wherever applicable. In case the settlement is demanded as electronic transfers (NEFT/RTGS), cancelled cheque of the beneficiary account is mandatory to be obtained. Alternatively the claim amount also may be transferred to the claimant account maintained with us.
The claim in respect of a deceased account shall be settled in the following order:
Where a valid nomination exists, the Bank shall make payment of the balance in the account to the nominee. Upon such payment, the Bank shall stand discharged of its liability.
If the deceased account holder has left a Will, the payment shall be made to the legal representative(s) upon production of a probated Will or letter of administration.
If the deceased has not left a Will or no legal representation is available, and all the legal heirs jointly request settlement, the Bank may consider payment against an indemnity bond signed by all the legal heirs.
Educating customers about Nomination and Survivorship Mandate
Bank will take steps to educate customers about the advantages of Nomination Facility and Survivorship Mandate.
Survivorship Mandate
A joint account opened as “either or survivor” or “anyone or survivor’’ or “former or survivor” or "latter or survivor" will facilitate the surviving account holder(s) to have unimpeded access to the credit balance in the account for withdrawal or to operate the account/s if one of the co-account holder/s dies.
If the mandate of survivorship is given / provided, the survivor(s) can give a valid discharge to the bank and payment to survivor(s) can 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.
Nomination Rules
Nomination is the facility made available to account holder whereby in case of death of account holder, the nominee can easily withdraw the balance amount, deposits without going through the cumbersome procedures of obtaining succession certificates or letter of administration or probate of will etc. The nomination facility was introduced with the intention of minimizing the hardships caused to the family members on the death of depositor.
The banking company (nomination) rules form part of the banking regulation act. The nomination facility simplifies the procedure for settlement of claims of deceased account holder(s) as the bank shall get a valid discharge by making payment of the proceeds of the account, deposit, or investment at the time of his death or delivering contents of locker or articles kept in safe custody to the nominee.
Nomination facility is purely voluntary and at the discretion of the depositor(s)/hirer(s). It is to be made clear to the depositors/hirers that the 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 heir on the estate of the deceased. The nominee shall be receiving the proceeds of the account, deposit, or investment from the bank as a trustee of the legal heir.
With respect to Liability Accounts:
Nomination can be made in respect of all types of deposit accounts held jointly or singly including sole proprietorship accounts. However, nomination facility is not available for the following types of deposit accounts:
Nomination facility is available for non-resident accounts also, i.e. for NRE, NRO, FCNR, RFC as well as the following types of accounts:
With respect to Safe Deposit Lockers
This facility is available to lockers held in individual capacity either singly or jointly. Hence lockers hired in representative capacity such as trustee, liquidator or in the name of companies, associations etc. are not eligible for this facility.
Operation in different types of Account upon receiving Notice of Death of Account Holder
Individual Accounts
No further cheques should be paid even though they are dated prior to the date of death of the account holder.
Joint Accounts
If the balance is payable to the survivor(s), cheques signed by the survivor(s) may be paid to the debit of the account. Further, in the case of a joint account:
Proprietorship Accounts
Partnership Accounts
The death of a partner has, ordinarily, the legal effect of dissolving the firm. The firm can continue basis the type of partnership specified in the deed. In case of continuing partnership, the firm may continue to function with no impact on the account except restricting the operations on CIF of deceased partner. The surviving partner(s) can, however, operate the account for the purpose of winding up; and any cheques drawn by the surviving partner(s) can be paid. Cheques drawn by the deceased partner and presented after his death, should not be paid. The branches should request the surviving partner(s) to close the account by drawing a cheque signed by all of them and open a new account through which all further transactions may be passed.
Joint Hindu Family Firm Accounts
In case of death of the Karta, the operation in account will be restricted. The operations of the account can be allowed post receiving the declaration from all the co-parceners on appointment of new Karta and all the KYC documents, CIF and account maintenance form duly signed by the new Karta.
Trust Accounts
The Trustees must act jointly unless there is an express provision to the contrary in the Trust Deed. In case of death of any trustee,
Executor’s` and Administrator’s Accounts
On the death of an executor or administrator unless otherwise provided for the in the Will or Probate or Letter of Administration, all the powers of the office bearers become vested in the surviving executors or administrators. The account should be allowed to be operated by co-executor(s), but the cheques signed by the deceased executor or administrator and presented after notice of his death should not be paid in the account. In case of death of a sole Executor or Administrator, it will be necessary to obtain fresh order of the court appointing a new Administrator.
Limited Company’s Accounts, Association, Society, Club Account
Where notice of death is received in respect of a person who is authorized to operate an account of a Limited Co., Association, Society, Club account, outstanding cheques drawn by such person of the Company can still be paid. The Board resolution submitted by the Company regarding the operation of its Account should be examined by the branch to see whether any amendment or new resolution is necessary.
Accounts Operated by a Holder of Power of Attorney or Letter of Mandate
Upon the death of the principal, the authority of Attorney or Mandate holder stands cancelled. The operation on the account should be immediately stopped and no cheques signed by Attorney/Mandate holder should be paid after receipt of notice of death of the Principal.
Settlement of Deposit Accounts, Safe Deposit Lockers, Articles kept in Safe Custody
Settlement of Claims in Deposit Accounts of Deceased Account Holder
Applicability –
Note – In the case of a joint deposit account with or without survivorship clause, the nominee’s right arises only after the death of all the depositors.
Documents required –
Accounts without nominee / survivorship clause – No “Will”, Amount up to threshold limit
Conditions –
Note – No bond of surety from a third party shall be obtained for claims up to the threshold limit.
Accounts without nominee / survivorship clause – No “Will”, Amount above threshold limit
OR
Accounts without nominee / survivorship clause – “Will” without dispute
Bank may settle claims without probate if there is no dispute, Will is genuine,and compliant with law. Additional documents may be required:
Note – No bond of surety shall be insisted from third party.
Accounts without nominee / survivorship clause – “Will” with dispute
Note –
Operational and Compensation related aspects
Nomination facility is also available in respect of deposits held in the name of a sole proprietary concern. Accordingly, a bank shall follow the procedure for settlement of claims in respect of such accounts as has been prescribed above for the accounts with/ without nominee/ survivorship clause, as applicable.
Modes for Certification of ‘proof of death’ document issued outside India
In cases involving death of a customer outside India, ‘proof of death’ document is issued by an authority outside the country. In such cases, a bank shall accept the original certified copy of the document issued for ‘proof of death’, certified in the country of its issuance in any one of the following modes:
Payment of Interest in case of Term Deposit Accounts of Deceased Depositor(s)
Premature withdrawal will not attract any penal charge.
In case of an NRE deposit, when the claimants are residents, the deposit on maturity should be treated as a domestic rupee deposit and interest should be paid for the subsequent period at a rate applicable to a domestic deposit of similar maturity till such time the claim is settled.
If the TD (Term Deposit) account holder dies before the maturity of his/her TD account and nominee informed the bank to continue the stated TD account till maturity and bank has the right to honor the nominee’s request after taking a NOC from legal heir/s (if any) and nominee can continue the TD account till maturity.
If the LTD (Long Term Deposit) account holder dies before the maturity of his/her LTD account and nominee informed the bank to continue the stated LTD account till maturity and bank has the right to honor the nominee’s request and nominee can continue the LTD account till maturity.
Premature termination of term deposits opened jointly, with or without survivorship clause, shall require the consent of the surviving depositors and the legal heir(s) of the deceased joint holder, in case of death of one of the depositors. However, in case of joint accounts with survivorship clause, if a specific mandate is furnished by all the depositors jointly to the bank, either at the time of placing the term deposit or anytime subsequently during the tenure of the deposit, then premature withdrawal option shall be allowed to the survivors on the death of any of the depositors, without seeking the concurrence of the legal heir(s) of the deceased joint deposit holder.
Handover of original property documents in case, property owner is deceased:
In case of contingent event of demise of sole owner or any one of the Joint Owners of the Property, the following procedure shall be adhered to. Below mentioned documents to be furnished to the concerned branch and following procedure should be adopted by the legal heirs of the deceased borrower:
Settlement of Claims - Loans:
In the event of death of the Borrower(s) during the validity of a Loan facility and documentation thereof, the Borrower(s)’s estate, effects, heirs, executors, administrators and legal representatives shall be jointly and/or severally bound by terms of the appropriate documentation executed as well as liable for full repayment of all the monies due and payable by the Borrower(s) to the Bank.
In case of failure to pay the outstanding dues against the Loan facility, the Bank reserves the right to terminate the facility and/or recall all or any portion of the facility balance in line with the terms of the documentation executed by the Borrower(s).
Reporting to The Board:
A report will be placed before the Board, at appropriate intervals, on an ongoing basis, comprising the details of the number of claims received pertaining to deceased account holder(s)/depositor(s) / locker-hirers / depositor(s) of safe custody article accounts and those pending beyond the stipulated period, giving reasons, therefore.
Annexures
Application Form for Settlement of Claim in Deposit Accounts/ Release of Contents of Safe Deposit Lockers/ Return of Articles in Safe Custody kept by Deceased Customer (cases with Nomination or Joint Account with survivorship clause)
Annex I-B Application Form for Settlement of Claim in Deposit Accounts/ Release of Contents of Safe Deposit Lockers/ Return of Articles in Safe Custody kept by Deceased Customer (cases other than Nomination or Joint Account with survivorship clause)
BOND OF INDEMNITY/ SURETY (To be duly stamped as per the Stamp Act applicable to the State) Stamp Act applicable to the State)
LETTER OF DISCLAIMER/ NO OBJECTION (To be duly stamped as per the Stamp Act applicable to the State)
DECLARATION/ AFFIDAVIT (To be duly stamped as per the Stamp Act applicable to the State)
Form of Inventory of Contents of Safe Deposit Locker
Form of Inventory of Articles left in Safe Custody
BOND OF INDEMNITY WITH RESPECT TO DELIVERY OF CONTENTS OF SAFE DEPOSIT LOCKER/ ARTICLES KEPT IN SAFE CUSTODY BY THE DECEASED CUSTOMER (to be submitted in case of claims settled without production of Legal Documents)
The account operations to be stopped and balance to be paid to the surviving partner’s along with the legal heirs of the deceased partner. (A letter to be obtained as per ANNEXURE F.
If locker key is lost: It can be broken open upon request by legal heirs and after payment of arrears of rent and cost of drilling open/repairing. An indemnity also to be obtained as per “ANNEXURE ‘G’. After taking joint inventory as above, articles along with a copy of inventory to be sealed and kept in safe custody till formalities of delivery of article is completed.
Summary of Legal Heirs
Letter of Indemnity for FDRs Lost
Review
Any Changes to the policy will be approved internally through the relevant Board approved committee. The policy as a rule will be reviewed at the Board level once a year. If there is a major change done above it will be ratified by the board in the next meeting.
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