Claim right by widow

Querist : Anonymous (Querist) 15 March 2011 This query is : Resolved
Hello,
My late brother's widow have filed the case against my parents to get the claims of insured sum of his policy. And mother is the only nominee in deceased policy.
Now she has remarried, will it affect the case? if yes, please tell me what should we do next. I want to make parents get rid of this case quickly.

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R.Ramachandran (Expert) 15 March 2011
Even though your mother may be the nominee, she will only be holding that money in trust to be passed on to the legal heirs of the deceased. Your brother's wife being the Class-I heir of your deceased brother, she is entitled to equal share in the insurance money. Therefore the money has to be equally shared between your mother and your brother's widow. Whether now, or later, her share cannot at all be denied. Her, remarriage would have no effect on the outcome of the case, since her rights get established on the day when your brother died. What happens subsequently is not of anybody's concern.

Devajyoti Barman (Expert) 15 March 2011
A 'right once vested can not be divested'.
This principle of law applies n your case. At the time of death of your brother his wife and mother inherited her properties and her subsequent marriage does not dis entitle her to lay her claim. The nominee is nothing but a trustee or custodian of the property and is duty bound the deliver the same to the rightful owner(here his widow) her due share.

Uma parameswaran (Expert) 15 March 2011
even though wife is remarried she can claim her share.

Jitendar Kumar gupta (Expert) 15 March 2011
As soon as wife remarriage then the right regarding the amount vanishes. your mother is entitle to get the full insurance amount. For more information contact 9868529732

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