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Harsh Jain

Don't Be Confused: Nominee vs. Successor - Who Gets Your Stuff in India?



In India, navigating inheritance can feel like a complex maze. Terms like "nominee" and "successor" get thrown around, but what do they actually mean? Are they the same? Understanding the difference is crucial for ensuring your assets reach the intended beneficiaries after you're gone.


Meet the Successor: Your Legal Heir

Imagine a crown – that's your estate. Your successor is the rightful heir who inherits this "crown" based on either a will or Indian succession laws. These laws vary depending on your religion (Hindu, Muslim, Christian, etc.). The Hindu Succession Act, 1956, for instance, prioritises spouses, children, parents, and siblings in a defined order.


The Nominee: Temporary Custodian of Specific Assets

Think of a nominee as a designated helper. You choose someone to receive specific assets, like bank accounts, shares, or insurance policies, upon your death. The nominee acts as a temporary custodian, holding the asset until the rightful successor is identified. This simplifies the transfer process, bypassing legal complexities.


Here's the Catch: Nominee Doesn't Replace Successor

Contradictory to popular myth, this is a crucial point! While the nominee receives the asset, they don't own it. They're legally obligated to distribute it to the actual successor(s) as per inheritance laws.


So, What Should You Do?

  1. Plan Your Legacy: Consider who you want to inherit your assets and create a Will reflecting your wishes. 

  2. Make Nominations Strategically: Nominations can still be helpful for specific assets. However, choose your nominee wisely, someone you trust to handle the temporary responsibility.

  3. Keep Everything Updated: Review your Will and nominations regularly, especially after life events like marriage or birth of children.


PS: Making a Will Doesn't Have to Be Scary!


Kustodian.Life helps you understand what truly matters when it comes to writing your will. 

Book a free 30-minute call today at https://cal.com/kustodian1/consult and we'll guide you on how to ensure your loved ones receive what you've earned over the decades.

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