Insurance claim by legal heirs
Satya
(Querist) 29 July 2015
This query is : Resolved
Hi,
I'm not getting much help. Lawyer we are consulting isn't helping much.
We found the news about my father after 9 years, with a call from the company he was working with they informed that he died in a car accident in Hardoi-UP. My parental side has never been good to us. My grandmother is a retired govt officer and a widow of a govt teacher, she gets two pensions. I live in Pune with mom and sister all unmarried.
We found that there are 8 LIC Policy where my grandmother is the nominee. Also, there are 80% loan on all policies. We have sent a email to LIC office to stop any policy claim by Nominee and copy of the succession certificate, they still went ahead with partial disbursement of the funds saying that they would need stay order from a honorable court.
We did try that, went to a lawyer two weeks ago he took some payment but has until now not submitted a request for the stay order and say it takes time, he has sent a notice to the LIC office but LIC people say that it is no good they need the stay order. I'm quite disappointed that we are going no where with it.
Could you please advise how to get the stay order, what is the procedure and what would be needed from us. Also if my grandmother is a legal-heir too? Can I file stay order from Pune.
Any help will be appreciated.
Regards,
Satya
Kumar Doab
(Expert) 29 July 2015
It is believed that you are Hindu.
Your father's mother (grandmother), your mother (wife of your father), and all children are ClassI legal heir of your father....................and have equal share in estate of your father if he has died without leaving any WILL.
LIC,Banks,PO etc can discharge their responsibility by making payment to the person registered as Nominee in their records.
The Nominee is only the hand to receive and has to pass on the proceeds to legal heirs/successors.
Thus your grandmother is under legal obligation to handover the share of other legal heirs.
If she is unwilling you can point out that you may lodge complaint with the employers that disburse pensions and court of law. This should resolve your matter at a faster speed. LIC is covered by RTI and you can always get to know the amounts disbursed to her.
Otherwise also in the same case she can be made a party.
Advocate Ravinder
(Expert) 29 July 2015
You have to file a civil case and should pray the court to grand mandatory injunction against the nominee, not to alienate the property both movable and immovable, till disposal of the case.
Alternatively you can also file partition suit, wherein you can pray the above relief in the court.
Advocate Bhartesh goyal
(Expert) 30 July 2015
Nominee has legal right to recover the policy amount but he can't use the same,he is only trustee of that amount,he has to disburse the same to legal heirs and legal heirs are entitled to recover the same from nominee.
Rajendra K Goyal
(Expert) 30 July 2015
Agree with the expert Advocate Bhartesh goyal.
Satya
(Querist) 03 August 2015
Hello Mr.Doab/Ravinder/Mr. goyal/All,
Thank-you soo much for a quick reply and suggestion on my query.
The lawyer I have hired, is of no help to me. I wish I can get someone as good as you who can help me with the legal proceedings.
I live in Pune and my grandmother lives in Azamgarh-UP. Can I file the stay order from pune and have her pay our share.
Regards,
Satya
