Section 36B:
Nomination by depositors.
1[36B. Nomination by depositors.--(1) Where a deposit is held by a housing finance institution to
the credit of one or more persons, the depositor or, as the case may be, all the depositors together may
nominate, in the manner prescribed by rules made by the Central Government under section 45ZA of
the Banking Regulation Act, 1949 (10 of 1949) one person to whom in the event of the death of the
sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing
finance institution.
(2) Notwithstanding anything contained in any other law for the time being in force, or in any
deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made
purports to confer on any person the right to receive the amount of deposit from the housing finance
institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of
all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the
depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is
varied or cancelled in the manner prescribed by rules made by the Central Government under section
45ZA of the Banking Regulation Act, 1949 (10 of 1949).
(3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to
appoint, in the manner prescribed by rules made by the Central Government under section 45ZA of
the Banking Regulation Act, 1949 (10 of 1949), any person to receive the amount of deposit in the
event of his death during the minority of the nominee.
(4) Payment by a housing finance institution in accordance with the provisions of this section
shall constitute a full discharge to the housing finance institution of its liability in respect of the
deposit:
Provided that nothing contained in this sub-section shall affect the right or claim which any
person may have against the person to whom any payment is made under this section.
(5) No notice of the claim of any person, other than the person or persons in whose name a
deposit is held by the housing finance institution, shall be receivable by the housing finance
institution, nor shall the housing finance institution be bound by any such notice even though
expressly given to it:
Provided that where any decree, order, certificate or other authority from a court of competent
jurisdiction relating to such deposit is produced before a housing finance institution, the housing
finance institution shall take due note of such decree, order, certificate or other authority.]
Notes:
1. Ins. by Act 15 of 2000, s. 19 (w.e.f. 12-6-2000).