+ All Categories
Home > Documents > Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit...

Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit...

Date post: 24-Dec-2015
Category:
Upload: michael-mcdaniel
View: 217 times
Download: 0 times
Share this document with a friend
21
Deceased Claim Cases 1
Transcript
Page 1: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Deceased Claim Cases

11

Page 2: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

BASIS OF SETTLEMENTBASIS OF SETTLEMENTBasis AmountNomination No limit

Legal evidence No limit

Discretion of Sanctioning authority

Upto Rs one lakh for each group separately.

1. Group---Amount of Savings +RD+TD+MIS Account2. Group---Amount of SCSS Account3. Group---Amount of PPF Account4. Group---Amount of NSC+KVP

22

Page 3: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Types of Legal evidenceTypes of Legal evidence

Probate of Will

Succession certificate

Letters of Administration

33

Page 4: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

WILLWILLIt is a legal declaration of the intention of a testator(who makes the will) with regards to its property (movable & immovable)which he desires to be carried into effect after his death.

The will must be in writing except in case of Muslims. It is to be got attested by at least two witnesses. Registration of will is not compulsory.

44

Page 5: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Probate of WillProbate of Will

It is a certificate granted by the competent Court with a certified copy of the Will to the effect that the Will is genuine and is indeed the last Will left behind the deceased

Probate can be obtained by the testator during his life time or by his executor/beneficiary after death of testator .

It cannot be granted to minor or unsound mind person

55

Page 6: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Succession certificateSuccession certificate

It is a certificate of succession of the properties of a person who has died without making a Will, issued by the competent civil Court.

It is granted as per applicable law of inheritance.

66

Page 7: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Letters of AdministrationLetters of Administration

A letter from the Court appointing an administrator when there is no Will from the deceased

Letters of administration with the will annexed may be granted to a beneficiary in respect of the whole estate when no executor appointed in the will or the executer died before the death of testator

77

Page 8: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

New procedure- SBNew procedure- SB

-One form for all three categories of claims- Nomination, legal evidence & cases of no nomination & no legal evidences

-No separate sanction-No separate account closure form-All provided in the same form

88

Page 9: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Documents to be submitted in deceased claim Documents to be submitted in deceased claim casescases

99

Nomination Newly prescribed Claim application with two witnesses, ID & Address proof Death certificate in originalPassbook/Savings certificates

Legal evidence Newly prescribed Claim application with two witnesses, ID & Address proofDeath certificate in original (not necessary if date of death noted in legal evidence) Passbook/Savings certificatesLegal evidence

Page 10: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Documents to be submitted in deceased claim Documents to be submitted in deceased claim casescases

Without nomination & Legal evidence

Claim application (SB 30) with two witnesses, ID & Address proofPass book/Savings Certificates Death certificate -original or Photo copy(Which will be attested by the PM with original) -no further enquiryAffidavitLetter of IndemnityLetter of disclaimer on Affidavit as prescribed in SCSS-2004

Note:- No separate sanction will be issued, no account closure form will be required.

1010

Page 11: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Handling of nomination & legal evidence casesHandling of nomination & legal evidence cases

Cases are immediately settled irrespective of the amount involved

Claim is settled in favour of last surviving nominee/legal heirs

On the death of the nominee, the claim will be settled in favour of legal heir of the deceased nomineePayment to the nominee/legal heirs absolves the post office from all future liability

1111

Page 12: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Procedure for Settlement of cases -SBProcedure for Settlement of cases -SB Claimant has to give two witnesses, ID & Address proof along with the claim form After acceptance of witnesses by PM, no further enquiry about genuineness of claimant. Forward the case where the account stands by service Insured post on the day of receiptOn receipt Office where the accounts stands, will issue acknowledgement on the same day & settle it in seven days if in its powers otherwise forward to Sanctioning authority on the day of receipt by service Insured post.Every Administrative office will dispose off the case within 7 days of receiptAll payments by crossed cheques only

1212

Page 13: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Guidelines for Sanctioning authorityGuidelines for Sanctioning authority

Maintenance of deceased claim register

Entry of claims in register/computer system and grant of receipt to the claimant

Sanction of claim according to powers , after Verification of balances/maturity value of certificate till death, nomination particulars and court attachment/pledge status etc.

Contd.

1313

Page 14: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Guidelines for Sanctioning authorityGuidelines for Sanctioning authority

Balance of accounts means amount at the credit on the day of death of depositor including the interest accrued during the preceding month/year or table of RD Account Maturity value of certificates means face value and interest accrued upto completed half year/year till death

If after settlement of claim, it is found that deceased depositor had more accounts/certificates, the further claim will be settled on the basis of all amounts noticed including sanctioned amounts.

Contd.

1414

Page 15: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Guidelines for Sanctioning authorityGuidelines for Sanctioning authority

Gazetted Postmaster (within his powers )will sanction all claims in respect of claims of saving Bank accounts for SOs in his account jurisdiction. Head Postmaster(non-Gazetted) will not sanction claims of SO

Claims of SOs beyond the powers of SPM will be sanctioned by Divisional Head in case of Non-Gazetted HPM

Admissibility of interest/bonus should be mentioned in sanction memo.

1515

Page 16: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Sanction of Sanction of claims - without claims - withoutnomination & nomination & legal evidencelegal evidence

Sanctioning authority

Amount

Remarks

SPM(Time scale)

Rs.1000/-

Above Rs.1000/- claims will be sanctioned(within limit) Gazetted PM.Divisional /regional/circle Office.

SPM(LSG) Rs.2000/-

Above Rs.2000/- claims will be sanctioned (within limit) Gazetted PMDivisional /regional/circle Office.

SPM/Dy.PM/PM in HSG(All non-Gazetted)

Rs.5000/-

Above Rs.5000/- claims of SO will be sanctioned (within limit) by Gazetted PMDivisional /regional/circle Office. contd.

Page 17: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Sanction of Sanction of claims - without claims - withoutnomination & nomination & legal evidencelegal evidence

Sanctioning authority Amount Remarks

Dy.PM/Sr.PM/Dy.CPM/SPOs/Dy. SPOs(All Gazetted)

Rs.20000/- Above Rs.20000/-claims will be sanctioned by Divisional /regional/circle office

SSPOs/CPM Rs.50000/- Above Rs.50000/-claims will be sanctioned by regional/circle office

Director Postal Services Rs.75000/- Above Rs.75000/-claims will be sanctioned by CPMG/PMG

Chief PMG/PMG Rs.100000/- Above Rs.100000/-claims will be settled on the basis of legal evidence

1717

Page 18: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Sanction of Sanction of claims – claims –NominationNomination

Types of account

Sanctioning authority Remarks

Savings/TD All categories of SPM Upto limit of amount fixed for them

Above the limit by Head Postmaster

RD/MIS Single/ Double handed SPM Upto limit of amount fixed for them

Above the limit by Head Postmaster

Triple handed and above offices –No limit

Nil

NSC/KVP All SPMs/PMs-No limit Nil Contd.

1818

Page 19: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Sanction of Sanction of claims – claims –legal evidencelegal evidence

Types of account Sanctioning authority Remarks

Savings/TD/RD/MIS All categories of SPM Upto limit of amount fixed for them

Above the limit by Head Postmaster

1919

Page 20: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Guidelines for payment of claimsGuidelines for payment of claims

2020

Scheme Treatment of account/certificates

SB The claimant may not continue the account in his/her name

RD The claimant may continue the account in his/her name till maturity of account

TD The claimant may continue the account in his/her name till maturity of account contd.

Page 21: Deceased Claim Cases 1. BASIS OF SETTLEMENT BasisAmount NominationNo limit Legal evidenceNo limit Discretion of Sanctioning authority Upto Rs one lakh.

Guidelines for Guidelines for payment of claimspayment of claims

MIS The claimant cannot continue the account in his/her name till maturity.Bonus is allowed on completion of maturity period

SCSS The claimant(if spouse only) may continue the account in his/her name till maturity, if he/she has no other SCSS account

PPF The claimant cannot continue the account in his/her name till maturity.

2121


Recommended