(Querist) 31 August 2009
This query is : Resolved
My sister,s son A and his wife B died in an accident while driving his own car. A drove the car. Their only daughter two and half years old survived. The accident occured a month back.
The child is now under the care of the B's parents. The parents of B are now claiming the insurance and other monetary benefits through court. Both the deceased parents of the child were qualified dentists ( M.D.s)
Who will get the money . My sister's aim is the money should be properly used only for the welfare of the child. But she is doubting ann is of afraid that her husband or the parents of the deceased girl may mis use the amount. What should she do? and who is the proper person or persond to get that amount.
What precaution should she take so that the amount is utilised only for the welfare of the child.
Thanking you the learned lawers and experts in advance.
(Expert) 31 August 2009
The money will go to the nominee as stated in the insurance policy. If there is no nominee or if the nominee is dead then the other surviving legal heirs can claim the money. As per your case the money will go to the surviving daughter.
You can approach the court for appointing a guardian for the child and if anybody from your side (in case your sister being appointed as guardian) you can also get an order from the court that the money from the insurance compan shall be deposited in the name of the child in a bank and the child on attaining majority shall realise the proceeds thereof.
(Querist) 01 September 2009
In this case who are the legal heirs of the parents of the survived daughter?. There are living parents for my sisters'son and living parents for my sister's daughter in law and the child of the deceased couple.
Who can be the legal guardian for that child?.
Can any one of the relatives of the child has legal rights to ask or guide the nominee to put the money in the bank for the future of the child.
Or it is only by mere family arrangement. So far there is no any disputes between the parties concerned. I want to know the best solution or remedy for the parentless child.