Branches are finding various practical problems while dealing with Death claim cases. In
current scenario of customer service , customer complaints on account of claim cases
and delay in settlement thereof are being faced.
The Bankercustomer relation gets terminated subsequent upon death of the customer.
On receipt of Claim case at the branch, the first and foremost task is to get Death
certificate issued by competent authority and proper identification of legal claimants,
KYC compliance. In case, the title is free from all sorts of conflicts and is legally
established and hasslefree, then there is no problem in settling the claim. The claims
should be settled with a realistic and expeditious and humanitarian & empathetic view,
without much discomfort to the claimants/customers The RBI has also emphasized the
need of hour for quick disposal of claim cases in view of tortuous procedures(particularly
to the family of deceased relating to individuals (Non business) in deposit accounts and
other facilities.
The claims are to be settled expeditiously and positively within the time prescribed
as under:1. In case of deposit accounts and lockers having nomination/survivorship
mandate, the claim in respect of the deceased customer should be settled and
payment to the nominee / survivor(s) should be released 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 deceased customer and suitable
identification of the claimant(s) to the satisfaction of the branch manager; and
2. In the case of deposit accounts and lockers without survivorship mandate /
nomination the claim should be settled, in accordance with the banks
guidelines, within one month from the date on which the requisite documents
have been Such accounts are required to be handled with care and caution. At
the same time there is an imperative need to avoid inconvenience and undue
hardship to legal heirs. To avoid procedural difficulties involved in the
disposal of claim cases in the absence of nomination, endeavor be made
to obtain nomination in all such accounts, where nomination is
permissible. All required guidance on nomination and its benefits be
Likewise, when mother / father acts as natural guardian, he/she shall sign
the receipt and indemnity for self and as a natural guardian of the
minor(s) (name to be specified).
F. Claims in respect of contents of Locker
i) If claim is to be settled on the title being legally established, the claimant be
advised to bring Letter of administration from the competent court.
ii) Claim case in respect of contents of locker may be settled against
execution of agreement of Indemnity / Indemnity bond on format as per
Appendix D and F, based on the value of the contents of locker and
after completion of other formalities like submission of declaration on form
no. PNB-46-47, death certificate etc,
5. SETTLEMENT OF CLAIM CASE, WHERE VALUE OF CLAIM DOES NOT
EXCEED RS. 5000/-.
Many rural Branches are situated in far flung areas and are very far from
city. In respect of settlement of claim cases involving small amount, claimant
may find it difficult to get the claim form attested by a notary or a magistrate
and in comparison to the amount of the claim obtaining attestation is also
expensive.
In view of the above it is decided that in rural branches in far flung areas
which are far from city, in claim cases where the total amount does not
exceed Rs.5000/- and no legal representation is produced, attestation of the
claim form by a Notary or a Magistrate need not be insisted upon.
Instead, the claimant be asked to obtain Certificate from Sarpanch (or any
post equivalent as Branch manager may deem proper), verifying the legal
heirs and submit the same to the bank.
6. SETTLEMENT OF CLAIM CASE, WHERE VALUE OF CLAIM DOES
NOT EXCEED RS. 25,000/-.
In claim cases involving amount not exceeding Rs.25000/- payment may
be made to legal heirs of the deceased, after relying on the declaration
made in the claim form about the legal heirs of the deceased, duly attested
by Notary/Magistrate. Payment can be made to legal heirs/claimant against
execution of an agreement of indemnity, specimen of which is enclosed as
APPENDIX D.
Gold ornaments or other securities held against advances may also be
released on adjustment of the relative advances, on the above lines.
No confidential enquiry need be made by the Incumbent or any surety be
insisted upon.
7. SETTLEMENT OF CLAIM CASE, WHERE VALUE OF CLAIM EXCEEDS
RS.25,000/-.
any succeeding entry and those included in the same entry shall take
simultaneously.
When the claim case of deceased male Hindu, Buddhist, Jain and Sikh
involves heirs falling in the class/category of heirs other than the
Class I heirs or when the claim case is of deceased female Hindu,
Buddhist, Jain and Sikh who has not left behind any son, daughter
(including the children of any predeceased son or daughter) or when
the claim case is of the deceased belonging to religion other than
Hindu, Buddhist, Jain and Sikh religions, the matter be referred to Law
Officer/ Law Manager of the RO/ZO/HO for guidance.
JOINT HINDU FAMILY
On and from the commencement of the Hindu Succession (Amendment)
Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the
daughter of a coparcener is, by birth become a coparcener in her own right
in the same manner as the son. She has the same rights in the
coparcenary property as she would have had, if she had been a son.
The above amendments will not affect or invalidate any disposition or
alienation including any partition or testamentary disposition of the property
which had taken place before 20.12.2004.
In case of settlement of claim in respect of HUF accounts on account of
death of a coparcener or in case of partition, the rights of the female
coparcener be also taken into account, apart from the rights of the
additional female heirs under Class I legal heirs in respect of successor to a
deceased male coparcener.
12. Appendices
Banks Guidelines (in a Category wise frame)
for Settlement of Deceased Claims in respect of
Deposit Accounts/Locker Accounts : APPENDIX A
Power of Attorney (in case of Deposit Accounts) : APPENDIX B
Power of Attorney (in case of Lockers) : APPENDIX C
Agreement of Indemnity
(in case of Deposit Accounts/Lockers) : APPENDIX D
Indemnity Bond with surety (for Deposits) : APPENDIX E
Indemnity Bond with surety (for Lockers) : APPENDIX F
Powers Chart in respect of Settlement of claim cases : APPENDIX G.
APPENDIX B 1141
Power of Attorney
in
Deposit
Account
2.
APPENDIX C 1142
Power of Attorney
for lockers
3.
APPENDIX D 1143
Agreement
of
Indemnity
for
Deposit
Accounts
/
lockers
4.
APPENDIX F 1144
Indemnity
Bond
with surety for
lockers
contract on verification of the identity of and the authority of legal heirs and
proof of death of depositor.
B. In the event of death of both/all joint account holders.In case of
SF/Current A/c., 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 the identity and the authority of the legal heirs and proof of
death of the depositors.
In case of Term deposit A/c., the balance outstanding will be paid as
above on maturity of the deposit.
Premature termination of Term Deposit account 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 the identity and the authority of legal heirs and proof of death
of depositors.
3. Joint account with mandate Either or Survivor/Anyone or Survivors A. In the event of death of anyone of the joint account holders
In case of SF/Current A/c., the balance outstanding will be paid jointly to
survivor(s) on verification of proof of death of the depositor.
In case of Term deposit A/c., the payment will be made as above on
maturity of deposit.
Premature termination of Term Deposit account will be permitted to
survivor(s) as per the terms of contract and verification of proof of death of
depositor.
B. In the event of death of both/all joint account holders
In case of SF/Current A/c., 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 the identity and the authority of legal heirs and proof of death
of depositors.
In case of Term deposit A/c., the balance outstanding will be paid as
above on maturity of deposit.
Premature termination of Term Deposit account 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 the identity and the authority of legal heirs and proof of death of
depositors.
2. Joint account with mandate Former or Survivor A. In the event of death of former
..
Details of accounts of deceased Balance (Rupees)
1.
2.
AND WHEREAS I/we cannot present, myself / ourselves to receive my / our share
in the said amounts and give discharge to the Bank.
By virtue of this power of attorney, the said nominated attorney will do the
following acts, that is to say:
1. To receive my / our share in the aforesaid amounts lying with BO
..
2. To give receipt and proper discharge to the Bank in connection with the above
amounts received on my / our behalf.
3. To execute Indemnity Bond and arrange for surety in respect of my / our share
in the said amounts received.
4. Generally, to do all lawful acts necessary for receiving of the said amounts from
the Bank.
AND I / we hereby agree that all acts, deeds and things lawfully done by me / our
said attorney shall be deemed as acts, deeds and things done by me / us
personally and I / we undertake to ratify and confirm all and whatsoever that my /
our said attorney shall lawfully do or cause to be done for me / us by virtue of
powers hereby given.
IN WITNESS WHEREOF, I / we have signed this deed on this .. day of
.. year 20
1. Witness .
2. Witness..
EXECUTANT(S)
________________________________________________________
# If different persons execute at different places / different dates, the place / date
be not filled up. The place / date be indicated against their respective signatures.
APPENDIX C
(For lockers) To be stamped as Special
Power of attorney as per rates prevailing in
the States and attested by a Notary /
Magistrate
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, I/WE (i) Shri/Ms. ..
Son/Daughter/Widow
of..Resident
of
...................................(ii) Shri/Ms.Son/Daughter/Widow of
.......................R/o.................................. do hereby appoint Shri / Ms
Son/Daughter/Widow of Shri
R/o .. as my / our attorney in my / our name and on my / our
behalf to do or execute all or any of the acts or things mentioned hereinbelow.
WHEREAS Shri/Ms . Son/Daughter/Widow of
deceased, at the time of his/ her death
had locker(s) No. . with Punjab National Bank,
Branch Office
AND WHEREAS he/she has expired on ... leaving
behind.........................(No.)
legal
heirs,
namely
......................
AND WHEREAS I/WE cannot present, myself / ourselves to open the locker,
receive the contents thereof and give discharge to the Bank.
By virtue of this power of attorney, the said nominated attorney will do the
following acts, that is to say:
1. To have access, to open the said locker and to receive contents thereof.
2. To sign the inventory of the contents of locker and receive copy thereof, give
receipt and proper discharge to the Bank in connection with the receipt of
contents of locker.
3. To execute Indemnity Bond and arrange for surety in respect of my / our share
in the contents of the said locker.
4. Generally to do all lawful acts necessary for receiving of the contents of the
said locker.
AND I / we hereby agree that all acts, deeds and things lawfully done by me / our
said attorney shall be deemed as acts, deeds and things done by me / us
personally and I / we undertake to ratify and confirm all and whatsoever that my /
our said attorney shall lawfully do or cause to be done for me / us by virtue of
powers hereby given.
IN WITNESS WHEREOF, I / we have signed this deed on this .. day of
.. year 20
1. Witness .
2. Witness..
EXECUTANT(S)
APPENDIX D
(For deposits / lockers) To be
stamped as an agreement as per
rates prevailing in the States
(Delete inapplicable words)
AGREEMENT OF INDEMNITY
THIS AGREEMENT is made at . this .
day
of
..
20
Between
(i)
Shri
/
Ms*S/D/W of ...
R/o........................(ii)
..
....
(*Give details of all claimants)
(hereinafter called the principal party which term shall include his / her / their
heirs / administrators and executors) of the one part and PUNJAB NATIONAL
BANK, a body corporate constituted under Banking Companies (Acquisition &
Transfer of Undertakings) Act, 1970 having its Head Office at. 7, Bhikhaiji Cama
Place, New Delhi 110066 and inter alia a branch office at _____________
(hereinafter called the Bank which expression shall include its successors and
assigns) of the second part.
WHEREAS
SHRI
/
Ms
S/D/W
ofR/o.................... deceased,
at the time of his / her death had the following account(s) / locker(s) with the Bank
:
AND WHEREAS the principal party claim / claims to be the sole heir / heirs of the
said late and as such
claim / claims to be entitled to the payment of the above balance / balances
standing to the credit of the deceased along with interest and / or delivery of
contents of the said locker.
NOW THIS AGREEMENT witnesseth that in consideration of the payment of
amount with interest by the Bank / delivery by the Bank of the contents of locker,
mentioned above (the receipt whereof the principal party hereby acknowledges),
the principal party agree(s) to refund, after demand, aforesaid amount / value of
the contents of locker, with interest, as may be levied by the Bank, in case any
claim is made about the aforesaid amount / contents of locker by any other heir or
anybody else.
IN WITNESS whereof, the parties to the indenture have put their signatures on
the day, month and year hereinabove mentioned.
THE PRINCIPAL PARTY....
FOR PUNJAB NATIONAL BANK
APPENDIX E
(for Deposit Account)
INDEMNITY BOND WITH SURETY
THIS INDENTURE is made at .. this . day
of
..
20
Between
(i)
Shri
/
Ms*S/D/W of ..R/o............
...................(ii)
.
S/D/W
ofR/o
. deceased, at the time of his / her death, had
the
following
account(s)
with
the
Bank
at
Branch
Office
hold the Bank, its agents etc. harmless and indemnified in respect of all claims to
the aforesaid money(s).
IN WITNESS whereof the parties to the indenture have put their signatures on
the day, month and year hereinabove mentioned.
WITNESSES
1. NAME THE PRINCIPAL PARTY
OCCUPATION.
ADDRESS ..
2. NAME THE SURETY
OCCUPATION
ADDRESS ..
APPENDIX F
(For Lockers)
INDEMNITY BOND WITH SURETY
THIS INDENTURE is made at .. this . day
of .. 20 Between (i) Shri / Ms* S/D/W
of..R/o.........................(ii)
the Bank which expression shall include its successors and assigns) of the third
part.
WHEREAS
SHRI
/
MsS/D/W
ofR/o , deceased, at
the time of his / her death had the following lockers with the Bank at Branch Office
Locker(s)No.
..
AND WHEREAS the said principal party claim(s) to be the sole heir / heirs of the
said deceased and entitled to the above mentioned property of the deceased and
also claim(s) the delivery of the contents of locker(s) no. (As
per inventory report of the contents prepared on . ) in the name of the
deceased with the Bank.
NOW THIS INDENTURE witnesseth that in consideration of the delivery by the
Bank of the contents of the locker above specified, (the receipt whereof the
principal party hereby acknowledges), the principal party and the surety both bind
themselves jointly and severally to pay the value of the contents of locker(s) with
interest, loss, damages and cost of all kinds whatsoever to the Bank, in case any
claim is made about the aforesaid contents of the lockers by anybody else.
Further, in consideration of the aforesaid delivery to the principal party by the
Bank, the principal party and the surety both undertake for themselves, their heirs,
executors and administrators to hold the Bank, its agents etc. harmless and
indemnified in respect of all claims to the aforesaid contents of locker(s).
IN WITNESS whereof the parties to the indenture have put their signatures on the
day, month and year hereinabove mentioned.
1. NAME THE PRINCIPAL PARTY
OCCUPATION
ADDRESS ..
2. NAME THE SURETY
OCCUPATION
ADDRESS ..
3. PUNJAB NATIONAL BANK FOR PUNJAB NATIONAL BANK
Settlement on basis of Power of Attorney-Simplification
Further as per the extant guidelines the claims of the deceased customers may
be settled in favour of one of the legal heirs of the deceased if the other legal heirs
execute a Power of Attorney (duly notarised) in his favour on the basis of which
such authorized legal heir can sign the Claim Application Form for himself and for
and on behalf of other legal heirs as also execute Indemnity Bond / Letter and
give valid discharge to the bank by signing the Receipt in token of having received
the proceedis of the claim / contents of the locker. This facilitates smooth
settlement of the claims as all the legal heirs need not to join the claim settlement
process and visit the branch. The purpose of obtaining the duly notarized
Power of Attorney is that there is a presumption in law that such a Power of
Attorney has been duly executed and the chances of raising dispute in
respect of its due execution are minimized.
However, pursuant to the Review Meeting of Banking Sector held at Directorate
of Public Grievances on 27.01.2010, the Authorities desired that the process of
settlement of deceased claims should be further simplified in terms of execution of
docuemnts.
Accordingly, it is advised that in respect of claims upto the value of Rs.2.00 lac in
place of existing requirement of execution of Power of Attornery, a Power of
Attorney or a Letter of Consent-cum-Relinquishment, duly notarized /attested,
(as per the Annexure) may be executed by the legal heirs in favour of one of the
major legal heirs to lodge claim, to execute documents, to receive claim amount,
etc. However, the Branch Manager will verifiy the identity of the executants of the
Letter to his satisfaction before acting on the Letter of Consent-cumrelinquishment. (As given below in annexure)
ANNEXURE
The Branch Manager
Punjab national bank
BO:
Settlement of Claim pertaining to the Deceased Customer Shri / Smt. /
Kum.______________________________in respect of Account /
Locker No._______________ at your branch.
With reference to the above I / we inform you that Shri / Smt. / Kum.
___________________________, who has been your customer, expired
on ______________________ leaving behind him/her the following legal
heirs, who are entitled to receive the amount / contents of the Locker lying
with you in the above account / locker.
Sr. No.
Relationship
with
the
deceaed
1.
2.
3.
We, the legal heirs at Sr. No.________ to ___________above, hereby
relinguish our claim and give consent in favour of the abovesaid Shri / Smt.
/ Kum______________________(at Sr. No.______ above) to sign &
present the claim in his/her own name in respect of the said Account
No.______________________
/
Locker
No._______________________________ having a credit balance of
Rs.______________________(as on _____________________) and to
receive the payment of the amount lying in the said Account / the contents
lying in the said Locker and to execute the required documents in his / her
own name for himself / herself and to give receipt and discharge to the
bank in regard to the claim.
We hereby declare that the payment / delivery so made to the above Shri /
Smt. / Kum. _________________________ shall validly discharge the
bank and none of us will have any claim against the bank in whatsoever
manner in this regard.
*EXECUTANTS
(*To be signed with name and full address by the persons except in
whose favour the relinguishment and consent is given)
Signed before me on this ______ day of _________ Two thousand
_______________.
Seal
Notary Public / Gazetted Officer / Officer of Public Sector
Undertaking
Existing
Revised
0.50
1.00
1.50
0.50
2.00
3.00
0.50
3.00
5.00
Chief
Manager
in 0.25
Scale-IV at Branch /
1.00
5.00
10.00
Branch in Scale-II
Circle Office / HO
AGM in Scale-V at 0.25
Branch /Circle Office
DGM in Scale-VI at 0.25
2.00
10.00
20.00
5.00
20.00
Full