cpc

who will be legal heirs


hello, my brother has died last month, age 29 yrs, married last yr feb 2009, hving no kid, was working at MNC, Gurgaon. his wife is also doing job at MNC, Noida. Mother is nominee in his policy, Who all will be legal heirs of the policy claim?

 
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as your mother is nominee for the policy your mother will receive claim.

but as per law mother and wife both are nominee

 
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Lawyer

I agree with Gulammayudin A. Gagdani

 

As mother is nominee she will receive Policy cliam..

As per Law both (mother and brother wife)  will be legal heirs for the policy claim and will be having equaly rights

 
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advocate

according to your 1st mother ll get claim because mother is nominee after that wife ll be. where nominee is not mension there wife have right to claim.

 
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Thanks you all for your responses...

my brother has purchased a car before marriage and some other things also, so who will be legal heir for all  those things. And one more clause is it, her(brother's wife) parents want her second marriage within a year, just waiting for claim money. So in that case how much rights she has in the property of first husband(i mean my brother here) 

 
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Nomination only construes indentification of a person to receive the proceeds.  However, claim to movable and immovable properties of the deceased can only be decided based on legal heirship and succession.

 
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POWER OF DEFENSE IS IMMENSE

Yes nomonee is not heir but just an authorised person to recieve money. All other legal heirs have claim on all the properies of the deceased.

 
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Advocate

Nomination will ease the burden of the Insurer. Mother as a nominee can withdraw the money but she is liable to share the same with the legal heirs irrespective of  the nature of receipt/asset.

 
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