Hi Nomination gives a person the right to receive, but not necessarily the right to own the asset permanently. Nomination is governed by sectoral laws such as: Section 39 of the Insurance Act, 1938 (for insurance policies), Companies Act, 2013 (for shares/securities), Banking Regulation Act (for banRead more
Hi
Nomination gives a person the right to receive, but not necessarily the right to own the asset permanently.
Nomination is governed by sectoral laws such as:
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Section 39 of the Insurance Act, 1938 (for insurance policies),
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Companies Act, 2013 (for shares/securities),
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Banking Regulation Act (for bank accounts),
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EPF Act (for PF/Gratuity),
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Co-operative Societies Acts (for housing societies).
Nomination only authorizes a nominee to receive the asset upon the death of the holder — not to inherit it.
The Supreme Court in Sarbati Devi v. Usha Devi (1984) held:
“A nominee is only a trustee of the asset, not the owner. Legal heirs or persons mentioned in the Will will inherit the asset.”
This means:
Nominee = temporary custodian
Legal heir under Will = ultimate owner
So, Always mention the details of the property in the will even though nomination is made.
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In order to put check on use of cash in high value transactions, the government has put a blanket ban on acceptance of cash beyond 2 lakhs by any person under Section 269ST. It is for each occasion like marriage, birthday party etc. or for each transaction like sale of gold, immovable property, holiRead more
In order to put check on use of cash in high value transactions, the government has put a blanket ban on acceptance of cash beyond 2 lakhs by any person under Section 269ST. It is for each occasion like marriage, birthday party etc. or for each transaction like sale of gold, immovable property, holiday package, renovation/furnishing of property etc. for which this restriction will apply. It may happen that the payer does not claim tax deduction for it but the restriction on recipient will still apply.
Unlike business expenditure, here the restriction is all pervasive for the whole transaction as a whole and not necessarily for payment made in a single day. For example, a caterer cannot accept two lakhs or more in aggregate for marriage reception form a single payer, whether on a single day or spread over several days. Law, generally, does not have any restrictions for payment of cash for transaction of purchase/sale of jewellery or immovable property etc. but if the value of a single transaction exceeds two lakhs, then seller is prohibited from accepting any cash beyond two lakhs for such transactions.
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