Claim on insurnace by leagal heirs who is not a nominee.
Satya
(Querist) 30 January 2016
This query is : Resolved
Hi,
My father died in a suspicious car accident in the month of June/15 and has a policy with one of the insurance company.
The nominee on the policy is one of the cousins with whom we have disputes with and are not in talking terms. It seems that the nominee who is not one of the legal heirs is either not aware of the existence of this policy or for some reason showing no interest in filing a claim. There has been no claim submitted until now.
As a legal heir can we file the claim from the insurance company? If we can what should be our approach?
Policy was taken from Angul-Odisha when my father was working there however our permanent address is Pune-Maharashtra. Is it possible for us to start a claim or any legal process from Pune itself?
Regards,
Satya
Kumar Doab
(Expert) 31 January 2016
The nominee can file the claim and insurance company can discharge the responsibility by making the payment to nominee and nominee being just a trustee has to pass on the proceeds to legal heirs/successors.
The legal heirs can stake a claim and obtain order from court if required.
If nominee is not filing a claim it should provide a valid reason for legal heirs to proceed.
Consult your able counsel, show all docs on record and proceed further under expert guidance of your counsel.
Raj Kumar Makkad
(Expert) 01 February 2016
You can definitely file a succession certificate before the civil court making your cousin also as a party to the petition which shall solve your entire problems even at your current address wherein other properties of the deceased can be included..
Rajendra K Goyal
(Expert) 02 February 2016
Try to have amicable solution, if not possible move to court for succession certificate.
