Union of India v. Paresh Chandra Mondal - Provident Funds Act - Nominee
Provident Funds Act, 1925 -Indian Succession Act, 1925 - In cases of a valid nomination, the amount in the provident fund account of the deceased depositor or subscriber is required to be released to the nominee - The requirement to have a probate or letters of administration or succession certificate even in cases of valid nomination will invariably make the Government a party to litigation which should ideally only be between private parties - A nominee is a mere trustee to collect the funds and not the beneficial owner- The mere fact that the amount is released to a valid nominee will not bar the objector(s) or holder(s) of probate or letters of administration or succession certificate from claiming their share from the amount released to the nominee from a competent court. (Para 14-15)
Case Info
Case Details
- Case name: Union of India & Anr. v. Paresh Chandra Mondal
- Neutral citation: Not provided in the document.
- Coram: Hon’ble Mr. Justice Manoj Misra; Hon’ble Mr. Justice Manmohan
- Judgment/order date: 07-01-2026
- Case type/reference: Petition for Special Leave to Appeal (C) Diary No. 71438/2025; arising from Calcutta High Court judgment dated 04-04-2025 in WPCT No.199/2024; concerning CAT Kolkata order dated 06-10-2023 in OA No.1261/2022.
Caselaws and Citations
- CIT v. Hindustan Bulk Carriers, (2003) 3 SCC 57.
- Sarbati Devi v. Usha Devi, (1984) 1 SCC 424.
Statutes/Laws Referred
- Provident Funds Act, 1925: Sections 4(1)(b), 4(1)(c)(i), and 5.
- Indian Succession Act, 1925.
- Succession Certificate Act, 1889 (7 of 1889).
- Bombay Regulation VIII of 1827.
- General Provident Fund (Central Services) Rules, 1960: Rule 33(ii) and Rule 5 (referenced for nominations).