There is a general misconception in most minds that a nominee is the beneficiary of the proceeds of a deceased.
A nominee is simply a custodian for most assets, except in the case of equities.
Recently, when the Supreme Court ruled that a nominee may not necessarily be the beneficiary of a deceased person’s proceeds, it opened a debate regarding the status of a nominee vis-à-vis a legal heir.
Y P Trivedi, senior Supreme Court counsel, said: “The well-known theory is that a nominee is merely a trustee, not the owner. He/she may temporarily possess the money but will have to hand it over to the actual heir when the situation arises.”
For most investments, the legal heir is entitled to the deceased’s assets. For instance, Section 39 of the Insurance Act says the appointed nominee will be paid, though he/she may not be the legal heir. The nominee, in turn, is supposed to hold the proceeds in trust, and the legal heir can claim the money.
Similarly, Reserve Bank of India (RBI) guidelines specify that the deceased’s nominee would receive the money in the capacity of a trustee of legal heirs. The same applies to all other financial transactions such as public provident funds, mutual funds, and others where the nominee plays the role of a trustee rather than the owner.
As for the transfer of the PF in the previous employer's account to the current employer's account, you need to submit FORM No. 13 (Revised) through your present employer to get proceeds of your previous PF accounts transferred to your current PF account.
FORM 13 is used for transferring the Provident Fund account of a member from one establishment to another establishment covered under the act/scheme. You can have a copy of Form 13 at the following link:
http://epfindia.com <link updated to site home>