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Incross Fintech LLP

We are NRI-focused platform, having expertise in international tax, inheritance laws, and Indian legal frameworks. We are backed by technology.

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Our Blogs

Can Alternative Asset Funds Help You Beat Market Volatility?
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What happens if shares were in the parent's name, how can I claim those?
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What is the transmission of shares?
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What if the original documents for the investments are not available, can shares be claimed?
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When does shares and investments become unclaimed?
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Why Should NRI opt for obtaining insurance policy in india?
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Joint FD accountholders need to beware of ‘either or survivor’ clause
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Understanding the cross border social security arrangements
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What are PIS Account ?
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What are restrictions for NRI investments done through PIS accout on Non repatriable basis?
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What all investments require a PIS Account for NRI and why?
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Why Us And Canada Nri Face Restrictions On Investments In Mutual Funds In India?
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Why Should NRI opt for obtaining insurance policy in india?
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How to transfer equity stocks to legal heirs or nominees in case of the account holder's death:
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Joint FD accountholders need to beware of ‘either or survivor’ clause

Understanding Survivorship Clauses and Legal Heir Rights in Joint Fixed Deposits for NRIs

The "either or survivor", "former or survivor", and "later or survivor" clauses in FD accounts mean that one of the joint holders has to pass away for the survivor to become the sole owner. For premature withdrawals of the FD, the signatures of all joint holders are required, even if there is a survivorship clause.

As per RBI guidelines, banks should allow the legal heirs of the deceased joint holder to claim the FD proceeds, even if there is a survivorship clause. However, banks are not following this RBI directive and are instead insisting that the surviving holder is the sole owner, creating issues for legal heirs.

For FD in India for NRI, the rules can be complex, especially with joint accounts. If NRIs are looking to invest in India, NRI fixed deposit rates in India may be appealing for stable returns, but the legal complications regarding the survivorship clause need to be carefully considered. Even in such cases, it is important to note that NRI interest rates in India are attractive for long-term savings.

This issue can extend to mutual funds India as well. When investing in mutual funds for NRI, understanding the implications of joint account clauses and beneficiary rights is crucial. Similarly, NRI investment in share market may face complications when joint holders are involved, making it necessary to be fully aware of the legal framework.

If you're looking to expand your portfolio with alternative mutual funds or even explore options like AIF alternative investment fund or alternative asset funds, you may want to seek proper legal advice to ensure your investments are safe and compliant with Indian regulations.

In addition to traditional savings routes like FD in India for NRI, gift city investment for nri offers another exciting opportunity for NRIs to invest in India with added benefits. As part of comprehensive wealth planning, it's essential for NRIs to be aware of the PMS taxation for NRI to avoid any potential issues with tax compliance.

Also Read: Understanding the cross border social security arrangements

 

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