Property and insurance dispute
Paras Jariwala
(Querist) 02 September 2011
This query is : Resolved
Sir,
During my life I gave many time a good amount of money to my father in law and after his death, I helped to my brother in law also.
He has a boy and he is 6 years old.
Now the tings is that last year my brother in law passed away by a serious accident.
He had many insurance policies in which the nominee was his wife.
Now after his death and after received a huge amount from the insurance company, the girl went beck to his father's home.
Now person's mother ( my mother in law ) is alone.
In this situation is it possible for her to claim for some percentage of insurance amount from that girl ?
One more thing is my brother in law did not hold any personal property. The house in which my mother in law lives was made by my late father in law.
In this scenario, is it possible that the girl may claim for a house ?
prabhakar singh
(Expert) 02 September 2011
Your mother in law can claim 1/2 of insurance
claim paid to your brothers in law widow BUT if 6old year boy is son of your brother in law then your mother in law can claim only 1/3 of the insurance money paid to widow of your brother in law due to her nomination in LIC.
But now it can be claimed only after obtaining a succession certificate from court and then filling a suit of recovery against her (widow&son both).
If your father in law died without a will then after his death his self acquired property(as you state) devolved 1/2 on your mother in law and 1/2 on your brother in law.
Now as your brother in law has also died intestate (without making a will)his 1/2 of share received from father shall equally devolve upon his widow ,child and mother,that is 1/6th each as is the case of insurance money(since as per law all have equal share).
Hence in the property of your father in law ,share of your mother in law is 1/2(received as widow) +1/6(received as mother)=8/12=2/3.
In The rest 1/3rd widow and son of your brother in law will share equally(1/6 th each)in house left by your FATHER IN LAW.
Advocate Bhartesh goyal
(Expert) 02 September 2011
M/s. Y-not legal services
(Expert) 02 September 2011
