The policies and bank accounts which are assigned to any person as Nominee can be claimed by him or her only and no other person have any right to claim that amount if nominee is survived so legally you cannot claim any money from his wife and if any policy is assigned to any personal loan or any loan the bank have overriding powers and can claim the amount directly from the insurance company if the deseased is survived by wife all the property of that diseased will go to his wife as she is legal hair of the deseased.
How legal heirs can claim money from nominee
Hi Sir My brother has died in road accident he had taken a loan from two banks, had also purchased the insurance to cover the risk, one policy were assigned to bank and other were like personal insurance in both policy he had nominated his wife as nominee, now his wife is refusing the pay the bank loan , and money to my mother, there is no child and since the death of brother his wife immediately started staying at her fathers home . there is also corporate group insurance policy from his office of which company say my brother had nominated his wife as nominee so they have already settled one claim in her favor other is in process. Kindly advice how we can make her repay the all liabilities of my brother and also take the money for my mother as legal heir who is old and under medical treatment, at the time of death of my brother my mother were also residing with my brother. We are from thane District and Hindu by religion Regards Sunil
Asked 7 years ago in Civil Law
9 Answers
Your mother should Apply for and obtain succession certificate from thane district court in respect of various insurance policies in her name and that of daughter in law
2) file suit and claim her 50 per cent share in the insurance policies
3) issue legal l norice to brother employer not to pay policy proceeds to sister in law
Hello,
Your mother by no way is entitled to get benefit unless she is the nominee.
Hopr this helps.
Regards
What kind of loan they are?? If it is home loan then the debt is created on asset not om individual so the legal heris claiming is has to pay off debt first then claim the ownership of property through inheritance.
Secondly,As per the new nomination rule (2015), the concept of ‘Beneficial Nominee‘ has been introduced. Beneficial nominees are direct dependents of the policy holder i.e., Spouse, children or parents.
As per Insurance Laws (Amendment) Act, 2015 – If an immediate family member such as spouse / parent / child is made as the nominee, then the death benefit will be paid to that person and other legal heirs will not have a claim on the money.
If you (policyholder) nominate your spouse, children or/and parents, they would be Beneficial Nominees. No one else can claim your life insurance policy monies.
Now most probably your brother must have filed nomination in the previous rules where the nominee is just trustee for legal heirs and doesn't own the property so your mother will issue her a legal notice asking her to share the amount equally along with they both jointly have to clear of all the liabilities and then claim your brother asset.
Dear Sunil
as she is the legal heir of your brother too. Hence her property and liabilities will be shared by all the shareholder of your brother.
10. Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:—
Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share.
as per the above section, your mother will be entitled to get a share from the amount which already paid by the insurance company and also make the party in another case for claiming her share.
if she is not ready to pay the amount voluntary then your mother may file a civil suit for recovery of her share from the wife of your brother(Widow).
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Dear Client,
File Succession suit.
Nominee right rest up to receive benefits in her hand than the same will dispense according to Inheritance law i.e. mother and wife by 1/2 each.
See, you are not clear with your question I guess as it is per law if somebody have made anyone a nominee then others right are automatically gone.
But, yes if the property is anscestral one then you all would have equal rights or if self acquired without any will then also equal rights.
if your sister in law had already claimd all the monies from different agencies including bank and ther is no death claim money left to be paid, then your mother can issue legal notice to your sister in law seeking her share in the death claim amount she received as nominee as a legal heir or as one of the successors in interest.
If your mother is aware of the details of all the monies that have been settled in favor of your sister in law, she can file a recovery suit on the basis of substantial evidences collected in this regard.
Hello,
Nominee does not mean that she is the legal heir of all the property.
File a suit in the civil court to claim that share that belongs to the mother.
Send a letter to the company and insurance police to not disburse any further amount till the dispute is resolved.
regards
