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).