Help required from members
Arvind Singh Chauhan
(Querist) 05 February 2012
This query is : Resolved
Sir husband and wife have died in accident. Their two minor child are being brought up by uncle. In family only there are uncle, aunt, and grandmother.
LIC is asking succession certificate for payment of deceased's policy.
Who should apply whether Children's uncle or grandmother or children ?
If application is filed on behalf of minors, Whether before applying for succession, uncle should have legal guardianship of minor from court ?
What may be the shortcut way. Please suggest the easy way to claim the amount or to fix this amount in the name of minors.
Family is not in the position to run any policy ahead, but are ready for, if LIC is ready to fix or deposit this amount in the name of minors, whether it is possible?
Devajyoti Barman
(Expert) 06 February 2012
The paternal grand mother is the legal hier of the father of the children.
So she is the de facto guardian of the children and can well apply for de jure guardian as well.
She at the same time can apply for Succession Certificate on behalf of the children and the for herself.
prabhakar singh
(Expert) 06 February 2012
The grand mother of minor children being mother of deceased is an heir along with children hence only she should apply for succession certificate on her behalf as well as on behalf of minor's as natural defacto and DEJURE guardian.
Advocate. Arunagiri
(Expert) 07 February 2012
LIC can release the claim to the nominee.
In the absense of the nomination, LIC can release the payments to the minor children.
Arvind Singh Chauhan
(Querist) 08 February 2012
Thanks Sir I will apply through grand mother. Thanks a lot.
