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2010 (10) TMI 80

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..... mar Talesara for the Appellant. Sanjay Goswami, H.K. Balajee, A.S. Bhasme and Arvind Kumar Gupta for the Respondent. JUDGMENT 1. Heard counsel appearing for the appellants. 2. Appellant No. 1, who was the nominee in the bank account held by his deceased mother claims full rights over the money lying in the account, to the exclusion of the respondent who is none else than his full brother. The c .....

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..... follows : "45ZA. (2) Notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purports to confer on any person the right to receive the amount to deposit from the banking company, the nominee shall, on the death of the sole depositor or, as .....

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..... It is in no way concerned with the question of succession. All the monies receivable by the nominee by virtue of section 45ZA(2) would, therefore, form part of the estate of the deceased depositor and devolve according to the rule of succession to which the depositor may be governed. 6. We find that the High Court has rightly rejected the appellant's claim relying upon the decision of this court .....

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