UTTARA UNIVERSITY

Research Proposal
On
The Status of Nominee: A Comparative Study between National
Law Islamic Legal Principles

Supervised By:

Md. Nannu Mian

Assistant Professor,

Department Of Law,

Uttara University

Submitted To:

SHAFIUL ALAM

LL.M (1 Year)

Id 2171281034

Batch 25th

Date of Submission: 29th July, 2017

1
 Table of Contents
SL No. Topic Name Page No.
1. Research Proposal Title 3
2. Executive Summary 3
3. Introduction 4
4. Statement of the Problem 8
5. Objective of the Study 8
6. Hypothesis 9
7. 9
Review of Literature
8. Concept of Nomination 10
9. 27
Scope and Limitation of the Study
10. 18
Methodology of the Study
11. 18
Conclusion
12. 19
Bibliography

2
1. Research Proposal Title: The Status of Nominee: A Comparative Study
between National Law Islamic Legal Principles

2. Executive Summary

Nomination system is being developed day by day. At present this is a settled method of

transferring property after the death of the deceased. In the absence of the nomination system

the legal heirs of the deceased have to run here and there to get the money deposited in bank

or provident fund or insurance company. To save the heirs from the uncertainty this very

system has been emerged. But this is contradictory with the traditional Muslim law of

succession. Nominee excludes all other persons whether he/she (n) is a nominee or not. Even

if she/he is a legal heir, she/he excludes the other heirs. Muslim law of succession is such law

where no heir is deprived from his or her right of inherited property. All the heirs get the

assets of the deceased how much little it is. Even though if one heir does not will to take the

inherited property from the deceased property, none can enjoy that very property until/unless

otherwise it is transferred by the very heir. The main objective of this study is to find out the

position of nominee and legal heir in the statutory laws of Bangladesh and Muslim law of

succession. The study compares the position of nominee under both the statutory laws and

Muslim law of succession. The study aims to examine the existing laws relating to

nomination in Bangladesh and the legal heirs in Muslim law of succession. The present study

found that the nominee in Bangladesh is an absolute beneficiary of the deposited money or

savings money in the provident fund. Legal heir has not any right of enjoyment in the

nominated property. This study tries to explain the concept of nominee and legal heir under

both the statutory law and Muslim law. To explain the nomination system the foreign laws

and judgments have been taken as example.

3
Finally, the study suggests that to improve the laws regarding nomination system so that the

traditional Muslim law of succession is not violated by the statutory laws. The study also

suggests some other measures for improving the statutory laws regarding the nomination

system to maintain the balance between Muslim law of succession and statutory laws.

3. Introduction
All have to die and none can escape from death but yet most of us dislike the very talk of

death, which cannot be ignored.1 From the beginning of the civilization man reared the

temptation to reserve or gather property, but they were incapable because of lacking the

proper way of reserving the property. After invention of the unit of exchange (like as Taka,

Dollar, Rupee etc.), from then man tried to reserve or invest property in many ways through

many institutions. Only for this purpose there have been emerged many institutions. There

are several types of Bank where one can reserve or invest one’s money. Beside Banking

System there have emerged Insurance Industry, Co-operative Society, Provident fund and

many other institutions whose main activities are to help the people to reserve / invest money

for future.

Before this modern system of saving property, the Zamindars reserved their money in the

lockup and also it is noticed that they gave the money to the poor for interest. It is now rare

even in rural Area. Now the role of Zamindars is played by different Investment Banks or

institutions that get money from individual investor and they (Banks or institutions) provide it

to the businessmen or to the needy people. People reserve or invest money in the Bank or any

other institutions where they feel more secure of their property. They make investments not

only for themselves but also for their children to reap the fruits of the same. A question that

quite often disturbs their (investors) mind is how to ensure that their near and dear ones will

4
not face any problem in possessing and enjoying the assets that they have earned during their

lifetime.

It is a very difficult question that when an investor or depositor will die and then who will get

the reserved assets. To whom the Bank or investment company will provide the invested

money. The solution of this question is nomination of a person as a legal representative of the

investor to whom that very Bank or investment company will provide the invested money or

if the nominated person wants to continue the business or installment he/she can do so. “If a

person dies without nominating anyone, the legal heirs may have to run from pillar to post

and produce all kinds of certificates like succession certificate etc. to claim the assets left

behind by the deceased.”

Another thing is that any public servant and others (who are not public servant but get the

salary from the government treasury) get lump sum money as pension on his/her termination

from job by retirement. There is also a problem if no nomination is made, to whom the

authority will hand over the pension money after the death of the very person. If there exists

any nominee, the Bank, Investment Company or the public authority can easily pay the

nominee without incurring any liability. When there is an application made by the nominee to

the very institutions, where the person employed or invested money, getting out the picture as

soon as possible the payment is made to the nominee and thereafter the matter has to be

settled between the nominee and the legal heirs of the deceased.4In Bangladesh there are

several Acts which provide that how a nominee can get property. If there is no nominee, how

the legal heir can get the property is also described in those Acts.

There is no doubt that nomination of a person as representative of an investor or depositor or

public servant, who receives the money and distributes it among the legal heirs of the

deceased, is good for savings the legal heirs from the harassments. But problem is here,

whether nominee will take all the property as absolute owner or distribute it among the legal
5
heirs of the deceased. It is a well known view in India and Malaysia that nominee is like a

trustee who only executes the property for which she/he will not take any advantage. 5 But in

Bangladesh it is a general idea that who is made nominee, he/she is gifted with the property

and he/she will take all the nominated property. Our statutory laws provide that who is

nominated by a depositor of the deposit or any part thereof, be entitled, to the exclusion of all

other persons, to receive the deposit or part which the nomination relates. It may be

interpreted thus the person nominated will take the whole of the property as gift or the person

will only receive the property from that very institution as trustee and distribute it to the legal

heirs of the deceased. In Sarbati Devi v. Usha Devi, the Apex court of India held that a

nominee cannot receive the policy amount to the exclusion of other legal heirs primarily

because: 1) Nothing in Section 39 (of the Insurance Act, 1938) indicates that it will operate as

a third kind of succession and 2) The section provides that “the money shall be payable to the

nominee” and not that it shall belong to the nominee. As the insurance law of India and

Bangladesh is same, if India can take that decision, easily we can interpret it as mentioned

above. It is a matter of sorrow that though the law is same but practice is totally different

from each other.

It can be said that constitutionally Bangladesh is a Muslim country because its state religion

is Islam and majority people are Muslim. The Muslims follow the Shariah law in their family

matters like inheritance. The Shariah Act 1937 provides that a provision that no laws will be

contradictory with any personal laws. But it is not followed. Nomination system opens a new

system in distributing the deceased person’s property which is contradictory to the Muslim

law of inheritance and violates the Shariah Act 1937. From 1873 the Muslim law of

inheritance is violated through nomination system, to prevent Muslim shariah law, the

Shariah Act 1937 is passed but this Act has been capable to do so. In 1938 a new law was

enacted regarding nomination containing the provision contradictory to Muslim law of

6
succession. There are several laws containing the nomination system which is contradictory

to Islam. When Pakistan gained independence they adopted those very laws without any

change. In 1971 Bangladesh also adopted those laws without making any change. If nominee

enjoys the whole nominated property as absolute beneficiary, what is the status of the legal

heirs? Regularly the legal heirs of the deceased are excluded by the nominee in Bangladesh.

Many times it is noticed that the nominated person is not the member of the family and also

noticed that he/she/(they) is not the legal heirs of the deceased, even after that he/she gets the

property which is not supported by the Shariah law. According to the laws of the state the

institutions run their activities. Who is nominated, the institutions pay him/her/them the

assets. If no nomination exists, according to the succession certificate given by the court of

law, the institutions pay the property to the successors.

The neighboring country of Bangladesh has developed the nomination system through

several case laws and rules of the high court and judgment of the Supreme Court by which

they solve the problem if any case arises between the nominee and legal heirs. In Malaysia

the government has passed separate Acts regarding the nomination for the Muslim and other

than the Muslims. But Bangladesh has no progress in the problem and every day

Bangladeshis disobey the Muslim Shariah law. It has no solution.

Bangladesh and other countries who follow the Muslim law, if it is asked the scholar or

policyholder why they do not change this law. Some say that when someone is nominated

then it is supposed that he/she is gifted by the depositor or investor. Now question is how

much it is correct. Is gift valid under condition except Hiba-bil-Awaz? Gift is transfer of

property in life time but nomination transfers the property after death of the depositor. In gift

there will be no condition. But in nomination system condition is clear. Such if the depositor

or investor or policyholder dies only then the nominee will receive the property. In gift the

transfer of the property is occurred immediately. But in the nomination, it is not possible. So

7
it is not a gift. Again it can be compared with bequest but there is a question that in Sunni law

without permission of the heirs no bequest can be made in the favor of the heir. There is also

a question that without permission of the heir, no amount more than one-third can be made a

bequest. If the deposited amount is more than one-third then there may be arisen the problem.

So nomination can not be compared with bequest. Therefore it is a problem and contradiction

between the existing statutory law and Muslim Shariah law on the point of inheritance.

4. Statement of the Problem

This study will help the policy makers to remove the conflicts between Muslim personal law

and statutory laws of Bangladesh. The researchers, planners and the general readers will

come to know about the status of the nominee and legal heirs in both the statutory laws and

personal law of Muslim. The policy makers can take the recommendations for solving the

problem regarding this issue.

5. Objective of the Study

The study has the following objectives-

 To clarify the concept of nomination system in Bangladesh and other countries both in

the statutory laws and Muslim law of succession with reference to the contemporary

world.

 To clarify the concept of legal heirs under Muslim law and statutory law. And

compare the legal heirs of Muslim law with other personal laws.

 To compare the legal heir with nominee and identify the superiority of the legal heir

and the nominee under both the statutory law and Muslim law of succession.

 To show the impact of the nomination system on the society and what are the good

sides and bad sides of nomination system.

8
  To suggest the policy maker how the nomination can be the useful to the society and

what activities can be taken by the Government to make the people conscious about

this system.

From this study it will be tried to bring out the full sketch of nomination and the inheritance

right of the legal heirs over the deceased’s nominated property.

6. Hypothesis

 There is a concept of legal status under Muslim law and statutory law. And compare

the legal heirs of Muslim law with other personal laws.

 There are policy makers to remove the conflicts between Muslim personal law and

statutory laws of Bangladesh.

 There are compare the legal heir with nominee the superiority of the legal heir and the

nominee under both the statutory law and Muslim law national law.

 There is not nomination system on the society the good sides and bad sides of

nomination.

7. Review of Literature

The concept of nominee is the juristic thought process while the right and obligation of heirs

ranks a distinct position in their discourse. Many studies have already been done upon this

issue abroad. In India and Malaysia regarding this issue the scholars, academically and non-

academically, have completed many works and been trying from a long since to reach in

point of view where the Shariah law will prevail. In Bangladesh some statutory provisions

exist which violate the personal law and those do not also provide any clear idea about the

9
nominee and legal heirs. In those provisions even the definition of the nominee is not

provided. There is no single step taken by the Bangladeshi scholars. No survey was also made

for this purpose.

In Bangladesh there are several Acts which contain the provision of nominee. These are hard

materials for this study and other materials presented here are soft Viz. internet based.

A recent study made by Nehal Pandey (2010) in India is “Nominee versus legal heir”. In

2010 on this issue Bombay High Court of India provided a verdict in “Harsha Nitin Kokate

V. The Saraswat Co-operative Bank”. There are also many case laws in India regarding this

issue. Like as Sarabati Devi v. Usha Devi ; Kesari Devi v. Dharma Devi; Karuppa Gounder

v. Palaniammal; Fauja Singh v. Kuldip Shingh; Uma Sehgal v. Dwarkadas Sehgal; Sarojini

Amma v. Neelakanta Pillai; D. Mohanvelu Mudaliar v. Indian Insurance and Banking

Corporation Ltd. Salem; Atmaram Mohanlal Panchal v. Gunavantiben; Ramballav Dhan-

dania v. Gangadhar Nathm All; Ramdas Shivram Sattur v. Rameshchandra @ Ram Chandra

Popatla Shah and Or; Arnab Kumar Sarkar v. Smt. Reba Mukherjee and Ors.; Divya Vasant

Desai v. State Bank of India etc. There are also several articles which deal with nominee and

legal heirs but not specifically on this issue. These are “Effect of ‘Nomination in life Policy’

Insurance Vs. Takaful” by Prof. Dr. Mohd. Ma’sum Billah; “Nomination of shares – A key to

save kins from problems”; “Common shortcemings Committed in inheritance meeras” by

Mufti Nazar Kaleem Qudsee All-Qasmi. Prachi V. Manekar “Nomination and Inheritance”.

8. Concept of Nomination

Introduction

There are several laws regarding nomination in different countries of the world but no laws

define the term nominee specifically. From different text we learn about the definition of

10
nominee. Generally, nominee is a person in whose name money is invested in a

company. Nominee is appointed by a person who deposits his/her money in any bank or

insurance or any provident fund for receiving the deposited money on the death of him/her

(depositor) as a legal representative.

The term nominee is very related with bank deposit or pension money or insurance policy

amount. Many scholars and authority define the term nominee.

According to the Black’s Law Dictionary

“a party [or person] who holds bare legal title for the benefit of others or who receives and

distributes funds for the benefit of others.”

Some remarkable opinions on nominee are as follows:

“A person or organization in whose name a security is registered though true ownership is

held by another party.”

“A person or organization named to act on behalf of someone else, especially to conceal the

identity of the nominator.”

“Nominee is a person to receive the benefits under nomination and distribute the same to the

legal heirs/beneficiaries under law. Nominee can also be one of the legal heirs to take the

benefit.”

Nomination System under Different Statutes of Bangladesh

In Bangladesh, there are several laws regarding nomination and nominee but no specific

definition of these two terms is given by those laws. In every bank to open an account for

saving money and in any government provident fund of Bangladesh, the person must fill up

the form of nomination. In 1873 in Indian subcontinent at first there was enacted an Act

named the Government Savings Banks Act, 1873 regarding nominee. In Bangladesh, the same

11
law was adopted through the promulgation of the ‘Laws Continuance Enforcement Order,

1971.’

Nomination System in Government Saving Banks

In Bangladesh there are a number of banks which secure money of the people who want to

save money for the future. If the person depositing money dies before the fund for payment

being matured the question arises as to who will receive the money which he/she (deceased)

deposited. Will all the legal heirs go to the bank for receiving the deposited money or a fixed

authorized person? To consider the matter and to solve this issue in 1873 the then British

Government passed an Act named ‘Government Savings Banks Act, 1873,’ This Act provides

that a depositor may make nomination conferring upon any person or persons the right to

receive on the death of the depositor the whole or any part of the deposit standing on his

credit in the prescribed form of this Act. The nominated person or persons shall be entitled, to

the exclusion of all other persons, to receive the deposit or part of which the nomination

relates. If any nominated person dies before the death of the depositor or before he/she has

received any sum thereunder, the nomination shall cease to have any effect. depositor may at

any time vary or cancel any nomination made by him/her through notice to the concerned

authority in the prescribed form.

Nomination System in Insurance Company

In Bangladesh, the Insurance Act 2010 (Bima Ain) expressly includes a nomination clause.

And in the proposal form of the policy there exist a room for nominee. Section 57 of the Act

provides that the policyholder of a life insurance may nominate the person or persons to

whom the money secured by the policy shall be paid in the event of his death when the policy

is opened or latter. A minor can be nominated, where any nominee is a minor, the policy-

12
holder shall appoint any person as guardian to receive the money secured by the policy in the

event of his death during the minority of the nominee in the prescribed manner. Any such

nomination may at any time before the policy matures for payment be cancelled or changed

by an endorsement or a further endorsement or a will, as the case may be, but unless notice in

writing of any such cancellation or change has been delivered to the insurer, the insurer shall

not be liable for any payment under the policy made bona fide by him to a nominee

mentioned in the text of the policy or registered in records of the insurer; a transfer or

assignment of a policy shall automatically cancel a nomination. The insurer shall furnish to

the policy-holder a written acknowledgement of having registered a nomination or a

cancellation or change thereof In Islamic Insurance (Takaful47) of Bangladesh, sec. 57 of the

Insurance Act 2010 is followed for Nomination system. The proposal form

of Takaful contains the provision of nomination. There is no difference in nominee system

between general insurance and Takaful.

When a policyholder dies then a nominee is to perform some formalities such as he/she is to

make an application for informing the Insurance Company to describe that the policyholder

has died. After that the insurance company sends a letter of sympathyto the nominee and for

paying the policy money the company requires the followings:

1. Original deed of the policy

2. Age proving certificate

3. Death certificate by a gazetted doctor

4. Post mortem report and Surathal(condition of body) report (FIR) (if necessary)

5. Certificate of the grave place or burning ground

6. Submission of the demand form with due certification

13
Nomination System in Cooperative Society

Section 40 of Co-operative Societies Act 2001provides that every member of the Co-

operative Society shall nominate such an individual person who is not a member of the

society and the nominated person, after the death of the shareholder, will accrue shareholder’s

share and all the rights and duties regarding it. In this case no law of succession will be

applicable.

Modern Concept of Nomination

Day by day the concept of nominee is being changed. It was the notion that the nominee is

the whole beneficiary of the pension money or policy amount or bank deposit. But at present

time almost all the countries take the notion that a nominee is not an absolute owner of the

policy money or deposited money. Even in Bangladesh, a prospectus of a life insurance

company furnishes that the nominee of a life insurance will not be an absolute beneficiary,

rather he/she (nominee) will perform the duties of a trustee. His/her main function will be to

take the advantages from the insurance according to the rules of the company and to

distribute it among the legal heirs of the deceased policyholder according to the will and

Succession law. If the nominee is one of the legal heirs of the deceased policyholder, he/she

(they) will take the share as a successor. In India and Malaysia there are several case laws

regarding this view, the court sometimes says that nominee is the absolute beneficiary and in

another case the court says that nominee is a trustee. The scholars say that nominee is a

trustee and nothing else. No universal idea is available in this case. Most of the opinions

consider nominee as a trustee.

Islamic Concept of Nomination

Nomination in Islam is allowed. In the Qur’an though there is no direct provision about

nomination but some verses of it encourage appointing a person for managing the property of

14
a person as a trustee through the principle of Amanat. The term Amanat begets the idea of

nomination. The nominee is a trustee and the principle of nominee under Islamic law could

be derived from the doctrine of al-Amanah whose meaning is reliability, trustworthiness,

good faith, faithfulness, honesty, and fidelity. Al-Murghinani, the author of al-Hedaya, says

that a nominee [a trustee] is a person who is empowered by another to undertake the

responsibility of his property as a trustee.

There is a number of Qur’anic verses dealing with the law relating to nomination (trust)

which are as follows:

“Those who faithfully observe their trusts and their covenants”.

Both in Common law and Islamic law there are situations for nominating a person to hold the

minor’s property as a trustee; it is the nominee’s responsibility to hand over the property upon

confirming the maturity of the minor. Allah (s.w.t.) says:

“Make trial of orphans until they reach the age of marriage; if then youfind sound judgment i

n them, release their property to them; butconsume it not wastefully, nor in haste against

their growing up. If the Guardian (nominee) is well-up, let him claim no remuneration, but if

he is poor, let him have for himself what is just and reasonable…. ”. 9

In another ayat Allah (s.w.t.) ordains not to betray the trust and to return the trust to the right

beneficiary. Allah (s.w.t.) says:

“O ye

that believe! Betray not the trust of Allah and the Messenger, normisappropriate knowingly th

ings entrusted to you.”

15
“ Allah (s.w.t.) doth command you to render back your trust to those to whomthey are due…

………….”

In other verses also Allah (s.w.t.) warns against those who breach their

trust. Allah(s.w.t.) says:

“Contend not on behalf of such as betray their own souls; for Allah loveth not onegiven to pe

rfidy and sin:”.

“Verily Allah will defend (from ill) those who believe: verily, Allah loveth not any that isunfait

hful, ungrateful”.

“If thou fearest treachery from any group, throw back (their covenant) to them, (so as tobe) o

n equal terms: for Allah loveth not the treacherous.

There are differences of opinion among the practitioners as well as Islamic scholars. Some

say that a nominee in an insurance policy or saving accounts or pension money has absolute

right to be the beneficiary over the policy or saving accounts or pension money as al–

Hibah (gift). Some say that if a nominee becomes the absolute owner of the very deposited

money, it may contradict with the Divine principles relating to al-Mirath and al–Wasiyah.

Again they argue that one can make Hiba to any person but it will not be conditional and

immediate transfer of the assets is must. In case of nominee it is noticed that the deposited

money is not hiba because here to receive the deposited money by the nominee is conditional

when the depositor dies before the maturity of the fund only then nominee can take it but

when the depositor is alive then he/she takes the money. So it may not be a gift.

In Hedayatullah vs. Mst. Rahiman the High Court of Sind decided that there was nothing

wrong in nominating someone in a policy, but the position of the nominee under Islamic law

(in compliance with the principles of al–mirath andal–Wasiyah), is nothing more than as a

16
trustee who has no right over the benefits of the policy but to distribute them (benefits)

according to the principles of al-Mirath and al–Wasiyah.

In Pakistan, the court, in Nur Muhammad vs. Mst. Sardar Khatun case, decided that the right

to receive is not equivalent to the right to receive beneficially. The nominee in a provident

fund is merely a trustee who receives the benefits from the fund and distributes them to the

right beneficiary according to the Muslim law of inheritance.

The High Court of Karachi, in Karim vs. Hanifa decreed, relying on Section 27

of Bombay Co-operative Society Act 1927, that the nominee is not merely an administrator

nor an executor who may take the benefits on behalf of the heirs of the deceased, rather he

(the nominee) himself has an absolute right over the benefits without sharing with anyone.

This decision was seriously criticized as it was contrary to the Muslim personal law of

inheritance. Later, the High Court of Karachi’s decision was correctly overruled by the

Supreme Court of Pakistan inAmtul Habi vs. Musarrat Parveen, in which it was decided that

the nomination in a policy does not constitute a gift nor a bequest, and, therefore, a

nomination shall not deprive the legal heir of the nominator who may be entitled there to

benefits under the law of al–Mirath applicable to the nominator. Based on the

aforementioned Qur’anic injunctions and further illustrations it may be opined that a

nominee is a trustee, and he/she (n) because of nomination shall not have any right to benefit

trust, but he/she should be under an obligation to hold the trust properly and render it back to

the right beneficiary accordingly without demanding any interest over the trust.

9. Scope and Limitation of the Study

The study has included the status of the nominee and legal heirs under both statutory laws of

Bangladesh and Muslim law of succession. The study will consider the position of nominee

17
and legal heir with regard to bank, insurance, cooperative society, University, Provident fund

only. It will not cover other areas such as provident fund, pension scheme or portal certificate.

10. Methodology of the Study

This study deals specially with legal issue. In this study a combination of various legal

research methodologies is adopted. Analytical, Inter-disciplinary, Socio-legal and

Comparative Approaches are applied. This study has been written with the help of both

primary and secondary sources. Primary sources are interview, survey, case laws and statutes.

Secondary sources are books, journals, articles, newspapers, internet and so on.

11. Conclusion

In Muslim Shariah law a nominee should be a mere executor and is under an obligation to

receive the benefits over the nominated assets on behalf of the legal heirs of the deceased and

distribute the benefits among the legal heirs of the deceased in accordance with the principles

of Muslim law of succession. But in our country reality is that nominee absolutely enjoys all

the nominated assets as owner. In this study it has been tried to compare between these two

vital issues and also tried to give a solution with suggestions. This study will introduce a new

area of research for the next researcher and others who are interested on this issue. This study

will include a new dimension for the appointment of the nominee considering the position of

legal heirs.

To accept the challenges, this study will make a sensible attempt to streamline the Muslim

Shariah law and Statutory Laws of Bangladesh regarding the nominee and legal heir. It has

been expected that through this study it will be possible to determine a proper way of

nomination by which the protection of legal heirs of the deceased will as well be protected.

18
Bibliography

Act:

The Government Savings Banks Act, 1873; (Act No. V of 1973)

Bangladesh Constitution, 1972

The Insurance Act 2010(Act No. XIII of 2010)

The Rajshahi University Act, 1973(Act No. XXVI of 1973)

The Dhaka University Order, 1973, (President’s Order No. 11 of 1973)

The Provident Funds Act, 1925, (Act NO. XIX of 1925)

The Post Office National Saving Certificates Ordinance, 1944, (Ordinance No. XLII of 1944)

Co-operative Societies Act 2001(Act No. XLVII of 2001)

Muslim Family Laws Ordinance, 1961, (Ordinance No. VIII of 1961)

The Muslim Personal Law (Shariat) Application Act, 1937 (Act No. XXVI of 1937)

Laws Continuance Enforcement Order, 1971 (issued on 10th April 1971)

The Insurance Act (India) 1938

Civil Law Act (Malaysia) 1956

The Married Women’s Property Act (UK) 1882

Bombay Co-operative Society Act (India) 1927

Insurance Act (Malaysia) 1996

19
Books:

Oxford Advanced Learner’s Dictionary, New 7th Ed. (2007)

Garner, Bryan A. (ed.), Black’s Law Dictionary, 8th Edition (2004)

Meghna Life Insurance Co. Ltd. Prospectus and Premium List, Islamic Insurance (Takaful)

Division

The Al-Quran

Rutherford, Leslie. & Bone, (ed.) Osborn’s Concise Law Dictionary, 8th Edition, 1993, New

Delhi

Saksena, Kashi Prasad. ‘Muslim Law as Administered in India & Pakistan’, India, p-868

Verma, Babu Ram. Mohammedan Law in India & Pakistan, 4th ed. (1968/1974), India, p.428

Articles:

Billah, Mohd. Ma’sum, Effect of ‘Nomination in life policy’ Insurance vs. Takaful Practices,

(at www.takaful.coop/…/Effect%20of%20Nomination%20in%20Life%20Polic..accessed

on05.07.2011)

Nominee vs. Legal heir, May 24, 2010, (at http://perspective

sonlaw.blogspot.com/2010/05/nominee-vs-legal-heirs_24.htmls accessed on 05.07.2011)

Gupta, Dinesh, “Nominee & Legal Heir”. 21 December 2010, (online, accessed on

05.07.2011)

Al-Qasmi, Mufti Nazar Kaleem Qudsee, Common Shortcomings committed in Inheritance

Meeras,

20
(at http://groups.yahoo.com/group/discussing_religion/message/30942accessed on

07.07.2011)

Internet Address:

http://www.taxmann.com/taxmannFlashes/Articles/ flashart 22-1-11_2.htmlaccessed on

04.7.2011

http://www.expressindia.com/news/fulstory.php?newsid=74010 accessed on 04.7.2011

http://legaldevelopments.blogspot.com/2010/05/ nominees–an –legal-heirs-bombay-

high.html accessed on 20.07.2011

http:// perspectivesonlaw.blogspot.Com/2010/05/ nominee-vs-legal-heirs-24 htmlaccessed on

04.7.2011

http://groups.yahoo.com/group/discussing–religion/ message /30942 accessed on04.7.2011

http://www.harmonyindia.org/hportal/VirtualPageView.Jsp? Page_id=13396.

http://dictionary.reference.com/browse/nominee accessed on 27.07.2011.

http://sawaal.ibibo.com/law/what-meaning-nominee-600002.html

http://www.businessdictionary.com/definition/nominee.html

http://sawaal.ibibo.com/law/what-meaning-nominee-600002.html

http://www.mumbaipropertyexchange.com/news/newsdetail.aspx?id=1013accessed on

20.07.2011

http://legal-dictionary.thefreedictionary.com/heir, accessed on 20.07.2011

http://www.quran4u.com/Tafsir%20Ibn%20Kathir/004%20Nisa.htm accessed on 04.7.2011

www.akwl.org/…/spouse%20and%20law%20of%20nomination.doc.doc15.07.2011

21
http://perspective sonlaw.blogspot.com/2010/05/nominee-vs-legal-heirs_24.htmls

www.elitepro.in….365-nominee-of-shares-superior-to-legal-heirs- 21.07.2011

http://www.lawyersclubindia.com/articles/Rights-of-nominee-vis-vis-legal-heirs–1528.asp

http://vridhi.co.in/2011/07/11/where-theres-a-will-theres-a-way/

http://www.indiankanoon.org/doc/311517/

www.takaful.coop/…/Effect%20of%20Nomination%20in%20Life%20Polic

http://www.moneylife.in/article/8/5297.html

http://www.hinduonnet.com/2000/09/04/stories/05041307.htm

http://www.jagoinvestor.com/2010/10/will-your-nominee-get-the-money-on-your-death.html

http://www.lawyersclubindia.com/articles/Nominee-means-What-Legality-Very-Important–

3594.asp

http://www.rediff.com/getahead/2005/jul/12nom.htm, accessed on 23.07.2011

http://en.wikipedia.org/wiki/Christian_Law_of_Succession_in_India

http://www.islamic-world.net/islamic-state/malay_islambank.htm

http://www.business-standard.com/india/news/ nominee-versus-legal-heir/394633/

http://in.answers.yahoo.com/question/index?qid=20090725131257AAS9bHx

http://www.outlookmoney.com/article.aspx?90040

http://i-bankaccount.com/facts-on-savings-accounts/

22
Case List

Harsha Nitin Kokate Vs. The Saraswat Co-op. Bank Limited & Others, athttp://perspective

sonlaw.blogspot.com/2010/05/nominee-vs-legal-heirs_24.htmls

Nur Muhammad vs. Mst. Sardar Khatun, [1949] AIR 38 (Sind)

Hedayatullah vs. Mst. Rahiman, [1935] AIR 73 (Sind)

Karim vs. Hanifa [1970] PLD 613 (Karachi)

Amtul Habi vs. Musarrat Parveen, [1974], PLD 185 (S.C.),

Hefzur Rahman Vs Shamsun Nahar Begum, 51 DLR (AD) 172

Amatol Habi vs Musarrat Parveen, [1974] PLD 185 SC

Atmaram Mohanlal Panchal v. Gunavantiben

Sarbati Devi Vs. Usha Devi (AIR 1984, SC-346)

Shipra Sengupta vs. Mridul Sengupta &

Othershttp://www.lawyersclubindia.com/articles/Rights-of-nominee-vis-vis-legal-heirs–

1528.asp

Re Engelbach’s State, Libbetts v. Engelbach

Cathe’s v Commissioner of Stamp Duties

23