Suggest Please
Arvind Singh Chauhan
(Querist) 22 April 2011
This query is : Resolved
I have filed petition for 125 Cr.P.C. against husband on behalf a lady. husband has got second marriage. wife is living with her son and daughter in law. In statement in court Husband has said that he has opened Rural Postal insurance policy in the name of this wife, son and daughter in law. But his wife, son or daughter in law don't know about it, they says they never signed any paper for such policy. Husband is himself is a post master in same branch post office. How can that wife, son and daughter in law can withdraw amount deposited in such policies. To Whom they should approach. There is apprehension that husband himself, with his signature has opened such account nominating himself nominee. He can withdraw this amount any time with his signature. Though it is a illegal act on the part of husband being a postmaster. But the question is how his wife,son and daughter in law can withdraw this amount and to whom they should approach and what may be the appropriate procedure.
Guest
(Expert) 22 April 2011
Any nomination works only in the event of death of the insured person/persons. So, as nominee, the husband cannot withdraw the amount of the policy.
So far as the information about the policy is concerned, at first you may request the court to ask the person to submit the details of the policy. You may oterwise also try to get the same through RTI from the Postmaster of the Head Post Office or the Sperintendent of the Post Office of that Division under which his branch post office would be working.
mahendrakumar
(Expert) 23 April 2011
Do you know the Policy Nos? As rightly pointed out by Mr.Dhingra,nominee gets the payment only on the death of the life assured.
even the nominee do not have full legal right for the amount unless he is a qualified legal heir to the claim.
Even for surrendering the policy a request has to be emanated from the life assured.
Arvind Singh Chauhan
(Querist) 23 April 2011
Respected Sir We don't know the Policy Numbers. Now the case of 125 has been finished and decided in favour of wife.
Wife, son and daughter in law wants to withdraw amount of such policies, but They are hesitating because husband is the postmaster of same branch and they don't know the where about of the policies..
Guest
(Expert) 23 April 2011
Withdrawal can also be made from the Head Post Office of the District Headquarter under the jurisdiction of which your husband's Post Office falls.
mahendrakumar
(Expert) 24 April 2011
policy nos. could be traced out with the help of name and date of birth now a days.
either they can continue the policy or surrendered.
before that the policy is not assigned to any body. In case of assignment,the assignee become the owner.
Arvind Singh Chauhan
(Querist) 24 April 2011
thanks to respected members for their valuable suggession.
