nominee after death
Bandish
(Querist) 27 September 2016
This query is : Resolved
Dear sir/madam
My brother was having lic he is dead and the nominee was his daughter and she is minor and legal heir is his wife but now they are divorced legal but nominee was not change and the child is with her so do she have right to claim.
I m his brother do I can claim the lic money please suggest me what to do.
P. Venu
(Expert) 27 September 2016
From the facts stated, the daughter of your late brother is the nominee as well the legal heir. However, she receives the claim on behalf of other legal heirs, if any.
The claim of the daughter could be handled by the minor guardian.
The ex-wife as well you have no claim.
Kumar Doab
(Expert) 27 September 2016
In such cases usually an appointee also signs on proposal form.
The claim can be lodged and LIC shall disburse as per record in its custody.
The nominee shall share it with legal heirs .
Raj Kumar Makkad
(Expert) 28 September 2016
You have not mentioned whether your mother is alive or not. I presume she is also pre-deceased.
Now in the given facts, the minor daughter of your brother, since deceased, is the sole legal heir and nominee also. She has exclusive right to claim the amount through her natural guardian her mother.
If you suspect that the said money is not being incurred for the welfare of that child, you may file a petition before the district judge for becoming guardian.
Kumar Doab
(Expert) 28 September 2016
Nominee/Appointee can submit the claim.
You can not claim and/or LIC won't pay to you until there is an order by court of law.
Mother (even if divorced) is natural guardian.
You shall need to convince the court why can't she be trusted for welfare of minor daughter!
Kuummaar AS
(Expert) 28 September 2016
Why are you interested in claiming the money?
Raj Kumar Makkad
(Expert) 28 September 2016
Should the silence of author be deemed as positive reply to the query raised by Kumar AS?
P.THANGAVEL
(Expert) 28 September 2016
I agree with Mr.Kumar Doab.
Kumar Doab
(Expert) 29 September 2016
Thank you Expert Mr. P. Thangavel.
Guest
(Expert) 29 September 2016
Usha ji,
For money, everyone tries to be a stakeholder, irrespective of whether he is a rightful claimant or not.
In this case, the author in no way is the rightful claimant, but wants to get solution to his seemingly an academic query, as he has not mentioned whether the daughter of his brother is in the custody of the wife of the deceased or with them after the demise of his brother.
He has also not mentioned whether he approached the LIC to enquire about doubt about the claimant and whether the nomination contains mention of the guardian of the child or not.
From all the angles, his story is an academic query.
Raj Kumar Makkad
(Expert) 29 September 2016
@Dhingra Sir! The author has clarified in his query that daughter is with her mother.
Guest
(Expert) 29 September 2016
Even then, claim of the author becomes questionable.
Kumar Doab
(Expert) 29 September 2016
Author has posted that child is with mother and mother has been granted with divorce.
Apparently mother is granted custody of daughter.
Kumar Doab
(Expert) 29 September 2016
"but nominee was not change "
Expert Mr. P. Venu has addressed it in his 1st post.
Raj Kumar Makkad
(Expert) 29 September 2016
@Doab! The contents of 1st post of P. Venu is not understandable when he uses the following words:
The claim of the daughter could be handled by the minor guardian.
The fact posted by author is that the guardian is not minor rather her mother is guardian.
Kumar Doab
(Expert) 29 September 2016
@ Makkar: Read it as Minor's guardian.
RAVI K GOUD
(Expert) 29 September 2016
Here the author does not have any right over the claim as the nominee and legal heirs (though one of them (wife)is divorced)are present.
1. With respect to the declaration of nomination by person, he can declare any third person also which need not be a family member or legal heirs. If any claim arises on the demise of the person, the concerned authority will call the nominee for disbursing the benefit arising out of the incident. So here minor daughter as a nominee is only entitled for the claim amount.
2. Another scenario is, If no nominee is mentioned with the authorities, then the authorities will call for the legal heirs to raise the claim. And then the claim amount would be entitled by the legal heirs of the deceased and the same can be shared by and among the legal heirs.
3. If any dispute arises between the heirs, then the authorities will ask the parties to settle the dispute through court or the concerned. Depending on the final result the authorities will disburse the claim.
AS FAR AS THE PRESENT CASE IS CONCERNED, MINOR DAUGHTER IS ONLY ENTITLED FOR THE CLAIM AND THE SAME CAN BE GUARDED BY THE NATURAL GUARDIAN OR BY THE GUARDIAN APPOINTED BY THE COURT FOR THE WELFARE OF THE MINOR DAUGHTER.
Raj Kumar Makkad
(Expert) 29 September 2016
If the natural guardian is subsisting, how the third party can get a legal right to be appointed guardian?
Guest
(Expert) 29 September 2016
Rightly observed by Shri Raj Kumar Makkad in the present context.
But, even then the question of the author has no relevance, as nomination of any minor is never accepted by any insurance company or financial institution without proposer's description for the guardian, may be natural or other.
Raj Kumar Makkad
(Expert) 30 September 2016
It has also been clarified by the author in his post that nominee is minor daughter through her mother. If facts are accordingly then the chance of author to intervene are minimal.
Guest
(Expert) 30 September 2016
The best option for the author is to forget that, as neither under nomination law, nor under property and succession laws, he can claim even a single penny out of the maturity value of the policy, as against the entitlements of the Class-I legal heirs of the deceased.
Kuummaar AS
(Expert) 30 September 2016
Interestingly, experts are breaking their heads but Author Mr. Bandish has been maintaining a stoic silence on the query "Why are you interested in claiming the money?"
Guest
(Expert) 30 September 2016
Dear Shri AS Kumar,
Clearly it is an academic query.
Not being a real life problem, we cannot expect any explanation from the author on his academic query, as he can't anticipate any reasonable background.
For academic quries, usually I used to point out about the nature of query, but in spite of that a few experts were seen to have prefered to provide tutorials to the students. Not only that some of them prefer to presume something or the other also on behalf of the authors just to justify their stand, even without waiting for any clarification from the author, if any question is asked to him. Probably, they think as if I do not have any answer to author's query due to which I would have declared the query as academic query.
Anyway, that all depends upon the sweet will of the experts.
Kumar Doab
(Expert) 30 September 2016
Fully agreed with Expert Mr. Kumar AS, Mr. Ravi K Goud.
Kindly spare more time to post at LCI.
When more and more number of Experts post their valuable advise, in different threads, everyone benefits from enriching discussions.
Kumar Doab
(Expert) 30 September 2016
Nominee/Appointee can submit the claim.
There has been such provision in Insurance.
If nominee is minor, proposer can choose another person as Appointee.
The insurer shall pay as per mandate signed by proposer.
Apparently, the author has not posted further since his basic query has already been answered, in the beginning.
And probably the author does not want to answer the straight question asked by Expert Mr. Kumar AS.
Kumar Doab
(Expert) 30 September 2016
Nominee/Appointee can submit the claim.
Agreed with Expert Mr. Ravi K Goud.
Kumar Doab
(Expert) 30 September 2016
Nomination by policyholder: The rules have been further refined;
vide
THE INSURANCE LAWS (AMENDMENT) ACT, 2015
NO. 5 OF 2015
[20th March, 2015.]
39. (1) The holder of a policy of life insurance on his own life may, when effecting
the policy or at any time before the policy matures for payment, nominate the person or
persons to whom the money secured by the policy shall be paid in the event of his
death:
Provided that, where any nominee is a minor, it shall be lawful for the policyholder
to appoint any person in the manner laid down by the insurer, to receive the money
secured by the policy in the event of his death during the minority of the nominee
http://www.indiacode.nic.in/acts-in-pdf/2015/201505.pdf
Kumar Doab
(Expert) 30 September 2016
THE INSURANCE LAWS (AMENDMENT) ACT, 2015
NO. 5 OF 2015
[20th March, 2015.]
also provides for:
(10) The provisions of sub-sections (7) and (8) shall apply to all policies of life
insurance maturing for payment after the commencement of the Insurance Laws
(Amendment) Act, 2015.
Kumar Doab
(Expert) 30 September 2016
The Insurance Laws (Amendment) Act 2015......will seamlessly replace the Insurance Laws (Amendment) Ordinance, 2014
Kumar Doab
(Expert) 30 September 2016
The Act as above seems to have been drafted to reduce the disputes and designate ' Beneficial Nominee', 'Collector Nominee'....
If yes: Here the minor daughter may be deemed as ' Beneficial Nominee'.........and matter may end without any scope.
Raj Kumar Makkad
(Expert) 30 September 2016
Such queries provide an opportunity to some experts to extend it as long as possible by replying it in many postings despite of having no interest of the authors.
Jane aisa kyo hota hai..........
Guest
(Expert) 01 October 2016
Makkad ji,
Your observation is quite tenable. It seems some experts may be in some misunderstanding that their talent may not get under-estimated, if they don't post as many as posts on such academic queries. The author continues to raise more and more queries on the posts of such authors giving them chance to get more scores.
The experts should not forget that in academic queries there is no end to supplementary queries, as the author tends to raise as many questions, as he can until his requirement to solve his academic question is fulfilled. Undue wasting of time can never be fruitful to test the talents of the experts.
About your observation, "Jane aisa kyo hota hai.......... ," evidently a race for scores.
Kuummaar AS
(Expert) 02 October 2016
Mr. Makkad has remarked
"Such queries provide an opportunity to some experts to extend it as long as possible by replying it in many postings despite of having no interest of the authors.
Jane aisa kyo hota hai........"
Experts may find one more such opportunity at
http://www.lawyersclubindia.com/experts/Minority-related--618651.asp
Guest
(Expert) 02 October 2016
Good suggestion by Shri AS Kumar!
Kumar Doab
(Expert) 02 October 2016
It is once again the drumming on 'Score' as in ;
http://www.lawyersclubindia.com/experts/Divorce-from-secret-marriage-in-arya-samaj-temple-616961.asp
Nevertheless, relevant and appropriate links have been posted,while exerting to address the matters in query.
Raj Kumar Makkad
(Expert) 02 October 2016
As we have no other platform to exchange mutual issues hence the views are expressed the place wherein those seem relevant.
"India tolerated many Pathankots & Urris but but conducted surgical strike at appropriate time and place without informing in advance".
Wheren tolerance ends, one rebuts, this is human nature.
Guest
(Expert) 02 October 2016
Mr. Kumar is welcome to continue with his venture.
Raj Kumar Makkad
(Expert) 02 October 2016
@Dhingra Sir! I never want unhealthy atmosphere among ourselves and request all experts to view if we can frame any Model code of Conduct for Experts. I invite views of all my brothers and sister experts on this issue.
Rajendra K Goyal
(Expert) 03 October 2016
Most learned expert raj kumar makkad ji,
You have mentioned:
"India tolerated many Pathankots & Urris but but conducted surgical strike at appropriate time and place without informing in advance".
Wheren tolerance ends, one rebuts, this is human nature.
sir,
I fully agree, rebuts are there against undue pressure, dominating attitude,
Regards.
Kumar Doab
(Expert) 03 October 2016
Mr. P.S.Dhingra,
I have requested many number of times in enough words that you may refrain your pinching comments, that you post repeatedly.
I expect that henceforth you will refrain.
And there shall be no need to remind you again.
Kumar Doab
(Expert) 03 October 2016
I am delighted and satisfied to exert and find and post the above mentioned citations.
Guest
(Expert) 03 October 2016
What is pinching? I only welcomed your continued posts.
Rajendra K Goyal
(Expert) 03 October 2016
Respected expert P.S. Dhingra ji,
I admire your knowledge / efforts / guidance / support / sincerity provided.
Further,
I humbly prey, request please not to post any comment, may hurt feelings of anyone.
Please observe mutual respect, dignity of all.
Hope would accept my request.
Guest
(Expert) 03 October 2016
Rajendra ji,
What about plenty of his comments directing towards me and Shri Makkad? Won't you like to ask him?
It was I, who at your own instance, requested the experts not to make open tamasha of themselves. At several other occasions at his instance through PMs, I had to come forward to give befitting replies to the querists, who used to insult the experts.
But, he seems to prefer making open tamasha only. So, why he expects others not to participate in his tamasha. Let the querists also enjoy tamasha made by experts. In some threads with his derogatory remarks, he requested the admn not to delete the thread. In what perspective that can be taken, eg., his following post?
"It is once again the drumming on 'Score' as in ;"
"http://www.lawyersclubindia.com/experts/Divorce-from-secret-marriage-in-arya-samaj-temple-616961.asp"
"Nevertheless, relevant and appropriate links have been posted,while exerting to address the matters in query."
BY THE WAY, WHAT THAT LINK OF SOME OTHER AUTHOR ON SOME OTHER QUERY ON ARYA SAMAJ MARRIAGE HAD RELEVANCE TO THE PRESENT QUERY ON NOMINATION?
Let him continue. I would not mind welcoming him.
Rajendra K Goyal
(Expert) 04 October 2016
Respected P.S. Dhingra ji,
I once again salute, admire your intelligence, hard work, commitment for the site, mastery in wording.
I prey and always wished I could get a part of it, but could not.
I had made an humble request, request is always optional, accept or reject, however, I hope you will not disappoint me.
Regards
Guest
(Expert) 04 October 2016
Rajendra ji,
I have already replied your PM. Hope you would have been satisfied with that.
