doublea123 (Engineer) 31 August 2009

Wifes insurance money

Hi,

My wife passed away in an accident in July 09 after being married for just 6 months. She was working with a top MNC and under their group insurance policy she will be getting 15 Lakhs.

The company is saying that me being the husband, i am the legal heir and it will pay me the full amount. Now her mother and sisters want the money to be paid to them as her mother is alone and is dependent.

I have no issues in sharing the money with her mother but dont want the money to land up with her sisters and brother in laws.

Would like to know what are the means of sharing the money with my mother in law. Can i have an joint account or joint FD with her?

And what will happen to the money after she passes away? I dont want the money which belonged to my wife to be utilized by other people like her sisters and brother in laws.

Also,Can you please explain the procedure to obtain a "Legal heir certificate" and also can you please share a sample No Objection certificate.

Will be very helpful as its very urgent.

Please advice.

Thanks and Regards

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3 Replies

Prof.A.S.Dalal (Professor) 31 August 2009

In insurance cases "who is the nominee" matters a lot.In absence of the nominee who so ever is the first degree legal hair will get the money.

doublea123 (Engineer) 31 August 2009

Hi,

Yes, there is no nominee.

Have been told that me being the husband, i will be the legal heir.

But my wifes sisters and brother in laws are trying to prove that my mother in law is the legal heir as she is dependent.

Would like to know if my MIL can be the legal heir and can she put claim to the the money?

Also, please share a format of any legal heir certificate and advise on how do we go about getting one.

Thanks and Regards

kranthi kiran (Works In Judicial Department) 31 August 2009

As per the recent observations made by the Hon,ble Apex Court, nominees are authorised only receive the money , the legal heirs are the real persons who are eligible for shares in the such amount. Unless nominee is a legal heir, he is not entitled to any amount.

You falls under the Class-A heirs of the female died intestate ie., your wife and as such you alone are eligible to receive the money.

File an application before a Competent Court for issue of succession certificate in your favour