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Manoj (Vns)     27 January 2021

Parents will be legal heirs or not?

My elder brother was died from heart attack, he was married since 2years, no kid. In one of his insurance his wife is nominee, in this case his parents will be legal heirs or not for claim amount? Parents were dependent on him father's age is 60+, his wife is looking for remarry.


Quick Summary
This discussion clarifies who is entitled to an insurance payout when a deceased person's wife is named as the nominee, but they also have surviving parents. The consensus is that while the nominee receives the funds initially, they are legally obligated to distribute the inheritance to the legal heirs, including the parents. It is advised to consult a local lawyer for specific guidance on the process and associated court fees.

 4 Replies

Advocate Bhartesh goyal (advocate)     28 January 2021

Your brother's wife and his mother are his legal heirs and they are legally entitled to get insurance claim irrespective of that your brother's wife is nominee of insurance claim.It is noted that status of nominee is only trustee of amount and she has to distribute the same to legal heirs.

SHIRISH PAWAR, 7738990900 (Advocate)     28 January 2021

Hello,

Yes, your parents are also legal heirs and they are entitled to claim their share in the insurance amount. 

Dr J C Vashista (Advocate)     29 January 2021

The nominee shall get benefit for life insurance.

However, the nominee has to share the benefit with mother of deceased.

It is better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

Manoj (Vns)     31 January 2021

what are the process and court fees?


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