Insurance nominee
Nagalakshmi
(Querist) 07 April 2014
This query is : Resolved
My husband has taken an insurance and represented her mother as nominee .my husband died now i have filed a suit stating i and my daughter are legal heirs. my mother in law also died now, are her legal heirs entitled for the share or only me and my daughter .can someone clarify me on this?
Kumar Doab
(Expert) 07 April 2014
Other thread by author is at:
http://www.lawyersclubindia.com/experts/Nominee--464806.asp#.U0LN5EeBmXU
Nominee is only a Trustee: a hand to pass the proceeds to legal heir/successors of the deceased.
It is believed deceased was Hindu.
The classI legal heir are; Mother, spouse, sons, daughters…………….
Out of ClassI relations : Son/Daughter,Widow,Mother,Son/Daughter of a pre-deceased son (per-deceased means “already Dead”),Son/Daughter of a pre-deceased Daughter,Widow of a pre-deceased son,Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels),Widow of a pre-deceased son of a predeceased son
Hence if nominee (Mother) was alive she had to distribute equal (1/3 rd) share to you and daughter. Thus you and daughter shall get 1/3 rd share
Since Mother in law is also deceased, and it believed that she has not left any WILL, her share shall be distributed firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband…………………………
So your daughter should get a share………………from share of your mother in law.
If her husband (your father in law is not alive) his share shall be distributed amongst his ClassI legal heir amongst ClassI relations mentioned above……………..
You may inform the court of death of Nominee (mother in law) and pray to court to order Insurer to distribute proceeds amongst ClassI legal heir.
Nagalakshmi
(Querist) 08 April 2014
Thank you Sir ,for your clear explanation thank you once again
Kumar Doab
(Expert) 08 April 2014
You have filed a suit and are being counselled by your able lawyer.
You may obtain the order from the court for insurer to distribute the funds to legal heir and insurer shall comply with wit the order of the court.
Guest
(Expert) 08 April 2014
Your question is incomplete without the following information:
1) Whether suile filed against the insurance company or your mother-in-law, or for succession certificate for making the insurance claim?
2) Whether insurance company paid the amount to the nominee or not?
Nagalakshmi
(Querist) 08 April 2014
Suit is filed against my motherinlaw not against the insurance company and also for succession certificate for making the insurance claim .Insurance company has not paid any amount to the nominee
Kumar Doab
(Expert) 09 April 2014
You have applied for ‘succession certificate for making the insurance claim’ as posted by you.
In case there is more than one legal heir, the insurer may ask for a joint discharge statement, indemnity bond………………… to safeguard its interest. It shall be appropriate to obtain the check list of documents published by Insurer which might be available on its website under the claim guidelines, and explained in policy bond too……………………….or in writing from BM and if he/she does not respond approach CRM section or HO and they shall elaborate in writing.
You can also check at:
IRDA
http://www.irda.gov.in/Defaulthome.aspx?page=H1
Customer Education Website;
http://www.policyholder.gov.in/
Thru your lawyer try to obtain explicit order mentioning how much is to be paid to whom independent of any joint declaration, indemnity bond to be signed by all legal heir…………………….so that you do not have to knock at the doors of court again and again…………………
You may take up the matter with your lawyer, discuss the inputs in this thread too and proceed under expert guidance of your lawyer. The lawyer that has seen all docs on record and has analyzed your inputs can advise you the best.
Rajendra K Goyal
(Expert) 10 April 2014
Well advised by the experts, agree to it.
