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guest (advocate)     27 June 2008

Guardian Ship - Urgent


Hi, I am working in an Insurance Company, in one case, where husband and wife has taken a policy on each other making nominees themselves against each other. In a road accident both the wife and husband have died, now they have 3 minor children. The parents of husband are live, and they are taking care of the 3 minor children. Now, what is the procedure to release the policy claim amount, whether the grand father of the 3 minor children have to obtain any legal heir certificate or Guardian Ship Certificate from the concerned court. Please advice me as early as possible.


 6 Replies

podicheti.srinivas (advocate/legal consultant)     27 June 2008

The three children are entitled for the money.First instance grand father of the childrens has to file an original petition in the  district court claiming the children as legal heirs of the deceased by way of filing(succeession petition).Thereafter the court will direct the insurance company to deposit the amounts by way of a fixed deposits.

The next step to be followed is to file an application before the court seeking appointment of  the  childrens grand father  as a guardian under guardians and wards act.The amounts which are in the fixed deposit  can be expensed in a judicious manner for the education and upbringing of the children

Ajay kumar singh (Advocate)     27 June 2008

If the amount is huge,it would be proper for the parents and thd children of the deceased to obtain a sucession certificate from competent court on basis of which payment may be made to them.

Srinivas.B.S.S.T ( Advocate)     27 June 2008

I dont think sucession certificate is
necessary. Genrally insurance companies do not demand succession
certifiacte a Legal Heir Certificate issued by MRo will do the work but
as for asappointment of guardian is concerned as my friend said you
have to file a GOP before the District Judge.

guest (advocate)     28 June 2008

Hellow Dear friends, thanx for your valuable suggestions in the subject, once again i am very thankful for your kind attention to my querry.

Ajay kumar singh (Advocate)     28 June 2008

It must be noted that the parents of deceased husband are also entitled to an equal share in the policy-anount and merely a guardianship certificate can not serve the purpose.

Krishnan Venkatachalam (Legal professional)     04 July 2008

Dear friend,

I have a small correction in Mr.Ajay Kumar's view. Only the  mother of the deceased husband will get a share in the policy compensation of the husband and not his father as mother comes under Class I heir apart from the three minor children.

As for as the policy compensation of the wife, it is inferred from the insurance offiicer stament that they are not alive. Hence the entire policy compensation will go the three minor children.

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