how the insuarnec claim amount will be distributed between legal heirs
Kuldeep Singh
(Querist) 22 June 2011
This query is : Resolved
Dear Experts........Pls advice....My brother died in road accident, he has personal insurance policy which will pay 17 Lack rupees as insurance claim. He has family of 5 ppls dependant on him. My brother (Decease) His 1)Wife 30years,2)his Daughter 1.5 years, 3)Father 58years, 4)mother 50years, 5)unmarried sister 24 years ................pls advice.....legally how the amount will be distributed between them, what %age or share will be given to whome.
prabhakar singh
(Expert) 22 June 2011
1)Wife2)his Daughter 4)mother are CLASS I heirs and shall take simultaneously.
'9. Order of succession among heirs in the Schedule
Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs;'
THE SCHEDULE
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Devajyoti Barman
(Expert) 22 June 2011
Only wife, daughter and mother of your brother are his legal heirs.
Immediately lodge a complaint or notice by the legal heirs to the Insurance Company for not disbursing the claim amonut without their consent.
If the Insurance Company does not co operate then file a suit for declaration and injunction.
Apply for Succession Certificate in the meantime.
Advocate. Arunagiri
(Expert) 23 June 2011
In your list except the father and unmarried sister all of them are having equal rights.
Rajneesh Malhotra
(Expert) 24 June 2011
1. The legal heir(s) can write to the insurance company to explain the situation and ask them not to disburse the amount. The wife is just a nominee, now the owner of the money.
2. One legal heir ( or all who are together) can file a suit for declaration making the nominee and other legal heirs as respondent.
RAJU O.F.,
(Expert) 24 June 2011
The insurance company will pay the insurance claim only to the registered nominee, if the nominee is alive.
Kuldeep Singh
(Querist) 07 September 2011
Dear Sir Mr.Prabhakar,Devjoyti Berman,Goyal ji, arungiri ji & Malhotra ji
i spoke to one lawyer to file suite as adviced above AND take stay orders from court to hold the insurance company to amount disbursal. He litrally refuse that we dont have suffieciant grounds to get stay order & file a suite to prove the intensions of nominee.
Can you all help me by advicing the Suitable CLAUSES OF LAW under which we can file the case OR any HIGH court/Supreme court judgment of similiar type
i shall be greatly thankfull to you
regards
