Legal Heir
Ranjan
(Querist) 23 September 2010
This query is : Resolved
This is my first post, so does not know whether this question falls under Civil.
My Sister and Brother-in-law expired in bus accident in Dec'09 and they have 2 daughters 3 and 2 yrs old. My uncle(Father of BIL) applied for dependents certificate from Mandal Revenue Office, he mentioned dependents as my uncle, aunt, my BIL's 2 daughters and BIL's younger brother(33 Yrs old). It seems the MRO issued the dependents certificate, my question is how can by BIL's younger brother can be dependent on my BIL. Is dependents certificate a legal document to claim the LIC policies? Now tThe court has given the legal heir document to my Father, so now my father is guardian for my BIL's 2 daughters. Somehow by misusing the dependents cirtificate my uncle claims the death claim polices. so can we fight againt these claims.
O. Mahalakshmi
(Expert) 24 September 2010
You can fight against your uncle. Your BIL's younger brother is not the dependent to your BIL.
Y V Vishweshwar Rao
(Expert) 24 September 2010
The Guardian of Two Daughters can file suit for Recovery of Amount from LIC and Uncle and others.
VENKATRAMAN SHRINIVAS
(Expert) 24 September 2010
As far as LIC policies concerned it goes to the nominee, if such a nomination has been made by the insured. If, however no such nomination has been made or he nominee has also pre-deceased), the i is he legal heirs who would get it absolutely. Coming o he hierarchy of succession, it is the son, daughters,window of he deceased who are class I members of he schedule. If any one of hm are not alive then comes the 2nd schedule viz. father and mother. Brother and consanguins are residuaries and have a remote chance of succession. I is strange how the local authorities could issue a dependent certificate, which on the face of it is void. they can only issue a legal heir certificate, with specific purpose for which it is issued.You father can easily sue your uncle and he is certain to get total relief.
Ranjan
(Querist) 24 September 2010
The nominee of LIC polices is my Aunt, so she claimed the amount but my BIL has 2 minor daughters so can we recover the money from my Aunt for the upbringing of childrens. Since the Mandal revenue officer issued the dependents certificate illegally can we file a suit againt him also.
masood ausaf
(Expert) 25 September 2010
I AGREE WITH MR. RAO. THE GRARDIAN CAN FILE SUIT FOR PROTECTION OF THE ASSETS OF THE WARDS AND CAN CLAIM THE SHARE OF THE WARDS.
Ranjan
(Querist) 28 September 2010
How can we nullify the dependent certificate issued by MRO, which is illegal certificate. Do we need to raise an objection in MRO office or filing a suit against my MRO.
Ranjan
(Querist) 25 October 2010
Can my uncle go to higher court againt the guardianship document issed by the district judge or can he raise objection in the same court?
