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Sandeep Naik (Advocate)     27 November 2011

Can non nominee in lic claim deceased amount ?

The person is not a nominee but he has claimed entire amount from two policies.

Mr. X had  two policies. One is on the name of his wife and the other is on the name of his father. Both father and wife died in the year 1995. Mr. X did not change the name of the nominees. He remarried in the year 2002. Still he did not change the nominee (his late wife). The second wif e did not know about his policies. Mr. X died in the year 2008. 

In the mean time the son of his first wife claimed both the policies in the year 2008. What are the rights of the Second Wife ? She tried to find information under RTI  how the LIC gave entire  amount to  Son when she is also legally wedded wife of Mr. X . The LIC did not inform how the said policies were given to son of first wife. The widow i.e.second wife now claims that she also has rights and claims the said amount. She is driven out of th home and she is facing hardship. She has filed Criminal Complaint on the ground that she has been cheated and senses foul play in it. Guide 



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 November 2011

Nominees duty to to disburse the decesed's amount to the legal heirs of the deceased. LIC cannot give entire amount to son, when there is other legal heirs are still alive. She can claim her share by filing a suit against the son.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 November 2011

Agreed, Nominee is just the custodian.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Kumar Doab (FIN)     30 November 2011

In life insurance policy name of individuals which can be admitted is :

proposer, life to be insured, nominee

Usually the LI company shall ask the reason if nomination is not made. In case of death of the policyholder the payment is to be made to nominee or legal heir if there is no nominee. The corporation has to adhere to the rules in such a case. These rules can be enquired from DO/AO/CRM in o/o LIC or by RTI. The lady should demand the rules than demanding the reason of payment to son. If the lady wishes to know the reason she can appeal for concealing this info. If undue influence is applied or rules are bent, the aggrieved can agitate. The simple principle is life insurance is a social security tool, and LIC has to officiate as a trust and trustee and protect and maintain the trust of policyholders by adhering to the rules without any variance.

In this case the lady may stake a claim from son.


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