Lic-nominee other then family member
pradep Kumare
(Querist) 06 December 2011
This query is : Resolved
My mother left with some policies with nomination in the name of person who help her to get LIC policies around 2 years back.
Person who was nominated is the distance relative of mine.
I have three policy bond with same name nomination but different relation ship ranging from son to grand son.
I need your valuable advice on following points.
1.Can I suit death claim as I am the only son of my mother and father>
2.Can I go to file a suit against the person for cheating as my mother not knew english and all the forms and bonds are documented in english language.
Please help.
ajay sethi
(Expert) 06 December 2011
diy your mother leave behind any will? or she died intestate .
obtain usccession certificate .
nominee is only a trustee . since you are the only legal heir lIC policy benefits will accrue to you .
prabhakar singh
(Expert) 06 December 2011
Yes!A nominee mere trustee with obligation to distribute the money/claim among heirs of deceased.
Unless nominee is heir he can not touch a single penny barring a genuine expenditure if incurred.
Even if heir he can claim only his share,rest he has to distribute among other heirs.
You can file the suit desired but after filing the suit,the court shall ask you right to collect which in your this case would be need of a succession certificate.
Since two years have past and time is running fast left 01 year only ,my advise is that file suit as well as succession certificate simultaneously as soon as possible.
Better engage a local civil lawyer and act as advised.
If your mother is still there and you are worried due to nominations only then those nominations can be changed by your mother without any suit.just visit LIC ask them for a form and change the nomination.
No suit required for it.
Shailesh Kr. Shah
(Expert) 06 December 2011
1.you and other legal heir of your parents, can claim on amount.
2.Not advisable.
mahendrakumar
(Expert) 07 December 2011
while agreeing with my ld experts,on a humanitarian ground I feel to give some monetary help to the person,who helped her while she was alive (presuming she is not alive).
If she is alive,the nomination can be changed by her.
RAJU O.F.,
(Expert) 07 December 2011
From the query it is not clear as to whether your mother is alive or not. If she is ali8ve and of sound mind she can change the nomination, if required, by taking up the insurance company and obtaining such change endorsed in the policy.
J K Agrawal
(Expert) 08 December 2011
Apart from civil suit and succession certificate (which are the proper remedies) you simply give notice to nominee and ask for money. If he denies in writing you have a good cause with you to make him behind bars.
