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Reading Material On Claims@ PDF
Reading Material On Claims@ PDF
When the depositor dies, the proceeds can be paid to the Nominee or legal
heir, following the procedure for deceased depositor’s Claim cases as
discussed here under. In the case of Minor Accounts, whether opened by
the minor himself or by the guardian, when the minor dies it becomes claim
case.
A. Nomination
B. Legal evidence
C. In case of no nomination - without production of legal evidence up to a balance of
Rs.1 Lakh.
• S B Claim settlement on the basis of nomination
The death certificate may be original or photocopy of original duly attested. The
sanctioning authorities may attest the copy after verifying with the original.
If the nominee is a minor, the claim will be preferred by the person appointed by the
depositor-if no such person appointed, by guardian on behalf of the minor. No
payment can be made direct to the minor. The amount will be paid to the
appointed person or to the guardian for the use of minor.
Claim Sanctioning Authorities on the basis of nomination
Limit
If there are more than one nominee, the nominees can make a joint claim or
separate claim (each nominee making claim his share). If there is more than one a/c
in the name of a person, separate claim is to be preferred.
For Savings Accounts and NSS-92 Accounts: balance in the account at the time of
death including the interest for the preceding financial year of death.
For RD Accounts: Amounts payable to the nominee or legal heir on the death of the
depositor have bee given in the Tables annexed to the RD Rules.
For TD/MIS Accounts: Principal amount plus interest accrued and unclaimed as on
the date of death of depositor.
If the balance (amount of claim) in an account standing at a Sub Office is above the
limit of a SPM, the same will be settled by the Head Postmaster.
Even if the claim amount is within the limit of SPM, the application is to be
forwarded to the HO for verification of balance/nomination. In the case of
RD or MIS, balance is to be verified with SO ledger before forwarding to HO.
Action at the Head Office on receipt of claim application.
Balance and nomination particulars and whether there is any court attachment are to
be verified and claim forwarded to the Sub Postmasters if it is within their limit for
sanction. HO should also see that in case of accounts pledged as securities, the
pledge is to be released.
If the claim is to be settled by the H.O, Head Postmaster will scrutinize the
application and the death certificate and issue sanction immediately.
If the nominee cannot produce the passbook, approval of the head of the circle is to
be obtained by the authorities.
Original sanction memo with passbook to be sent to the claimant by registered post;
One copy to the respective SPM, One to SBCO and One will be the office copy.
Identity of the claimant will be established by any of the method of identification like
attestation.
(DG Post letter No.105-26/93-SB dated 5.8.1994 and DG Post letter No.SBPG/Misc-
2/2006 dated 31.8.2006)
SB Claim settlement on legal evidence
If there is no valid nomination at the time of the death of the depositor, Claim can be
settled on production of legal evidence.
The legal evidences are: Probate of will; Succession Certificate & Letter of
administration
One of the legal heirs can prefer claim after getting the consent Statements from
other adult claimants. In case of minor heirs, guardian of the minor will prefer the
claim or give the consent on behalf of the minor. The personal law of the deceased
depositor determines legal heirs.
The total amount of the claim on this basis should not exceed Rs 1,00,000/-. If
exceeds the amount i.e., one lakh succession certificate is necessary. The form
should be accompanied with death Certificate of the deceased Depositor, Passbook
along with consent statements from other legal heirs if any.
Sanctioning Authorities and their power
Note;
• For the purpose of the limits, the amount at credit at the time of death of the
depositor plus interest accrued up to the preceding financial year of death is
to be taken.
• For PPF and SCSS claims sanctioning authority is Postmaster of Office of
deposit
Claims in respect of Sub-Post office Accounts in excess of the limit of Rs.5000/ will
not be settled by the Head Postmasters (Non Gazetted) but by the Divisional
Superintendent or higher Officers within their limits.
Senior Postmasters can settle the Sub Office Claims in excess of the limit of Sub
Postmasters..
Eg: A claim for Rs 3000/- in respect of a savings Account in a Time Scale SO under a
non-Gazetted HO will not be settled by the HPM but by the Divisional Superintendent
only. If the SO is under the Gazetted HO, the Senior Postmaster of the H.O can
settle the claim.
If the claim includes accounts standing in different Post Offices, any of the
authorities having power to settle the total amount and having at least one account
in a Post Office under his jurisdiction can settle the entire claim.
Eg: The deceased depositor had one Savings Account with Rs 1800/- at Trivandrum
Head Post Office and another TD Account with Rs 20,000/- at Mysore HO. The claim
can be settled either by the Senior Superintendent of Pos of Trivandrum or Mysore.
[If the claimant cannot produce the passbook, the authorities can waive the
production of passbooks within their limit on being satisfied about the reason
adduced by the claimant.]
If the claimant makes a declaration on oath or solemn affirmation before any claim
sanctioning authorities, the claim can be settled without any verification on any of
the statements in the claim form or on the documents accompanying.
This declaration can be made before any claim sanctioning authorities only.
Inspector of POs or Assistant Superintendent of Post Offices is not claim sanctioning
authorities and hence they cannot administer oath for the claimants. Normally the
claimants are making the declaration before the Sub Postmasters.
If any authorities not belonging to the Department Of Posts attest the claim,
signature of the attesting authorities is to be verified by any of the Officials of the
Department of Posts. Even Sub Postmasters and Branch Postmasters are competent
to make such verification.
Once the claimant has made a declaration before the claim sanctioning
authorities, no further attestation is necessary.
If there are more than one accounts, balance of all the accounts are to be verified by
the respective Head Post Offices and thereafter the claim sent to the competent
authority for issue of sanction.
Issue of sanction
The sanctioning authority will scrutinize the application to see that:
Particulars of all the accounts are correctly entered and the balance verified by the
Head Postmaster. It should also be seen whether there is any court attachment
against any of the accounts.
Near relatives shown in the claim form are eligible as per the personal law.
A death certificate issued by the competent authority accompanies the claim and it is
in order. No verification of the death certificate or of the fact of death is necessary
unless there is reason to suspect its genuineness.
Consent statements from all the adult near relatives accompany the claim application
- in the case of minor relatives guardian is to give the consent.
Whether the claimant has made a declaration before a claim sanctioning authority.
If any defect of consequence is noticed, the authority will address the claimant direct
to complete the documents, giving necessary guidance. Raising objections of trivial
nature and unnecessary verification should be avoided in order to settle the claim
expeditiously.
After scrutiny the authority will record the decision and issue sanction in the
prescribed format. The authorities may waive production of passbooks and issue
sanction without the order of the Head of the Circle if they are satisfied about the
reason for not production.
The claimant will be entitled to interest up to the end of the month preceding the
month of payment.
The claimant may have to give the sanction memo, application for withdrawal duly
completed and the passbook with a request for remitting the amount by MO/Crossed
Cheque at a Sub or Head Office where at least one of the accounts stands. After
verifying the documents and identity of the claimant the documents will be
forwarded to the respective Post Office for issue of Money Order or cheque. (in the
case of a Sub Office, the cheque will be obtained from the Head Office)
The cheque will be sent to the SPM or Head Postmaster of the place where the
claimant resides for delivery to him under quittance. The acquittance for the cheque
will be sent to the HO issuing the cheque, which in turn will forward to the SBCO.
The claim will be treated as pending till the amount is paid to the claimant.
The Register is to be reviewed by the Head of Office every month to see that no case
is unduly delayed.
A summary of the pending cases with break-up showing action taken for the
settlement of delayed cases also to be given at the end of every month.
SAVINGS CERTIFICATES
Claims relating to Savings Bank accounts and Savings Certificates are to be preferred
separately as the powers for their claim settlement are conferred on the authorities
as per different statutory rules.
Basis for claim settlement in Certificates are the same as in the case of Savings
Bank. The changes in the matter of claim sanctioning authorities, their power etc. is
discussed below.
Nomination claim
The nominee is to make the claim in the Form available in the SB Manual Volume II
to the Postmaster / Sub Postmaster of the Office at which the Certificates stand
registered. If there is more than one nominee all the nominees may have to
make a joint claim. If there are Certificates registered at different Offices and the
nominee(s) are the same, application claiming all the certificates may be submitted
in any one office where at least one of the Certificate stands registered. The
application form should be accompanied by Death certificate of the deceased holder
and Death Certificate of the predeceased nominees if any.
If the nominee/legal heir is not more than one, he can also opt for getting a
duplicate certificate issued in his name (in the same denomination with original date
of issue). For this he may have to submit the prescribed application in NC-34 once
the claim is settled.
If there are only two adult claimants they may opt for duplicate certificate in there
names-either Joint A Type or Joint B Type.
If there are two or more nominees, they have the option to subdivide the certificate
and have fresh certificates issued in their individual names in appropriate names.
On receipt of claim application, the Sub Postmaster/ Head Postmaster will verify the
claim with the Nomination register and also examine the death certificate to see that
it has been issued by the proper authority, it bears the seal and signature of the
authority and the name of the holder as per the original application and the death
certificate agree. If the claim is in order the authority will issue the sanction
immediately. The sanction should contain the provision for option that may be
exercised by the claimant. A note on claim settlement may have to be made in the
original application and also in the Nomination register.
Verification of the death certificate or enquiry about the fact of
death is not necessary unless there is reason to suspect its
genuineness. Also, sanction in respect of nomination claim
settlement can be issued immediately.
The Certificates submitted by the claimant along with the claim application may be
returned to the claimant after verifying the particulars noted on the application.
Certificates need not be retained by the claim sanctioning authorities as in the case
of Savings Bank claim where the claimants have to make over the passbook. In the
case of certificate claims, if the claimants are not in a possession of the certificates,
they may have to apply for and obtain duplicate certificates (after furnishing
indemnity bond with sureties wherever necessary) after the claim is admitted.
SPMs of LSG Sub Office and above have powers to settle claims of any amount if it is
supported by legal evidence.
If the value of the certificates without nomination (including the accrued interest up
to the completed year as on the date of death of the holder) of any type of
Certificates viz. NSCs and KVPs taken together exceeds Rs 1,00,000 /- legal
evidence will be necessary for the settlement of those certificates.
Claims in respect of Certificates of Sub Offices exceeding the power of SPMs will be
settled by the Divisional Heads / DPS/PMG within their power.
Claim will be admitted after verification of the issue particulars from the Offices of
Registration and after making a declaration by the claimant before any claim
sanctioning authorities as in the case of SB Claim. If the claimant does not make a
declaration any Gazetted Officer etc. as in the case of Savings Bank claim should
attest it. Claim without nomination or legal evidence will be sanctioned only after a
period of three months from the date of death of the holder. All other procedure is
just like nomination claim settlement.
The claim Sanctioning Authority is Postmaster of Office where the account stands
open.
The basis for the claim may be on nomination, legal evidence or without nomination
and legal evidence up to a balance of Rs 1 lakh i.e., in the case of accounts without
nomination, production of succession certificate need not be insisted for, if the claim
up to Rs 1 lakh.
On the death of the subscriber, balance in the PPF account does not cease to earn
interest. Interest is admissible till the end of the month preceding the month in
which payment of deposits is made to the nominee/legal heir of the deceased
subscriber as in the case of SB Claim.
Nomination claim
The nominee or nominees may make an application in the Form G or as near
thereto as possible to the Head Postmaster with the following documents:
Pass Book
On receipt of claim application, the balance in the account will be paid to the
nominee/s after making adjustment, if any, in respect of interest on the loan taken
by the subscriber. If nominee is a minor, the amount may be paid to the parent or
guardian of the minor.
Claim without nomination
Where there is no nomination in force, the balance after adjustment, if any, in
respect of the interest on loans taken by the subscriber may be refunded to the legal
heirs of the deceased subscriber after getting an application in Form G. If the
balance is up to Rs 1 lakh the relevant documents are to be produced along with the
application.
The Directorate has been receiving complaints of delay in settling deceased claim of
POSB/POSC due to verification of documents. Vice Directorate's Letter No. 79-29/88-SB,
dated 15-5-1988, it was clarified that the genuineness of the death certificates may be got
verified by the local authorities themselves except where genuineness cannot be verified
locally. The death certificate produced by the claimants, where found certified by the
Competent Authority, should be accepted for settlement of the deceased claim cases.
Over the period of time, it has been noticed that delay in settlement of deceased
claim cases continues. In order to mitigate the inconvenience to the claimants, it is
reiterated that the sanctioning authority while observing the guidelines issued vide this
Office Letter No.35-3 8/90-SB, dated 21-1-1991 may accept the death certificate issued by
the competent authorities mentioned in this office Letter No. 12-5/70-SS, dated 11-5-1970.
Verification of Death Certificate given in original or certified by the Competent
Authority should be necessary only when there is a doubt about the genuineness of the
certificate. In all cases, the claimant may be made to sign the certificate before admitting
the claim and payment made only after the identity of the claimant is established.
Above instructions may be brought to the notice of all concerned. Any delay in the
settlement of deceased claim cases beyond 30 days after submission of complete claim
should be viewed seriously.