Claim process

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
My younger brother have passed away 2 years back. A case has filed by his widow against his parents for the claims of his policies (in which his mother is nominee), is still continue. But now his widow has married again. May she still claim for the money regarding policies? If she can't what's the process to stop the case running against his parents? Please reply me.

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Parthasarathi Loganathan (Expert) 26 September 2010
Claim proceeds is payable only to the nominee. Remarriage on the part of the widow amounts to disowning of legal heirship to the deceased. Hence the married widow is not eligible for the insured amount

Guest (Expert) 27 September 2010
my opinion is different. She is entitled to being widow of the deceased person. The nominee's role is only to facilitate to receive the claims of policies and has to distribute it among legal heirs.

Querist : Anonymous (Querist) 27 September 2010
My query is it, she has married again now, so not entitled to widow of my deceased brother. So she will be legal heir still?

Uma parameswaran (Expert) 27 September 2010
She is entitled to get her share.The policy was taken while she was his wife.

Querist : Anonymous (Querist) 27 September 2010
All policies were taken before deceased marriage only, in this case also she is entitled to get her share, please clear.

Chanchal Nag Chowdhury (Expert) 27 September 2010
Succession opens on the death of a person. At the time of your brother's death, his wife was entitled to a share of your brother's legacy including that of the policies.
Yes. She is entitled. The time of taking the policy or the name of the nominee or his marital status are all irrelevant.

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