Nominee and legal heirs
Querist :
Anonymous
(Querist) 03 March 2020
This query is : Resolved
My younger brother committed suicide due to wife. His insurance policy has father as nominee.then who will get claim father as nominee or wife and son as legal heir?
As per insurance amandement act 2015 if nominee is a beneficiary nominee like parents then only he will get claim. if parents are nominee then they are beneficiary nominee.please, advise.
Guest
(Expert) 03 March 2020
Nominee is just a responsibility and doesn't entitle nominee with any rights to claim
Guest
(Expert) 03 March 2020
The persons entitled would be only the Legal Heirs of the deceased
Raj Kumar Makkad
(Expert) 03 March 2020
I endorse the legal advice as expressed above.
kavksatyanarayana
(Expert) 03 March 2020
Yes. The legal heirs of the deceased are entitled to claim.
Guest
(Expert) 04 March 2020
Truth and Facts doesn't require any endorsement --( obviously to makkar/makkad )
Akshay
(Expert) 04 March 2020
Hi
A legal heir means any person, male or female, who is entitled to succeed to the property of a deceased person under a will or as per the succession laws.
A nominee is somebody who will receive the asset upon the death of the owner/holder.
the insurance company has to hand over the death benefit to the nominee, other legal heirs can stake their claim to the amount. Nominees are merely designated as trustees and receivers of insurance proceeds on behalf of the policyholder’s legal heirs.
Read more at:
//economictimes.indiatimes.com/tomorrowmakersshow/49074989.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Hope this will help you
Best regards,
Akshay Gupta
KISHAN DUTT KALASKAR
(Expert) 05 March 2020
Dear Sir,
As per the Section 8 of Succession Act the heirs therein are entitled for compensation. But first findout whether you are entitled for compensation since it is a suicidal death and not normal death.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Raj Kumar Makkad
(Expert) 10 March 2020
Author is required to update the experts about the progress in the matterso that further advice may be given.
Dr J C Vashista
(Expert) 11 March 2020
Even if the nominee is functioning as a "care-taker" of the estate (insurance money in the instant case) of deceased, no other person shall (can) received the amount from insurance, which may be claimed by LRs.
T. Kalaiselvan, Advocate
(Expert) 21 March 2020
The nominee in such cases is just a trust to receive the monies and to disburse the same equally among the legal heirs of the deceased.
His father though a nominee, is not a legal heir to the deceased , hence he can receive the death claim amount from insurance company and he has to distribute the same to the legal heirs of his deceased son namely , his wife, children and his mother.
The law on death claim for the death due to suicide is that if the death due to suicide takes place within one year from the date of commencement of police then the claim may be repudiated and in any case no accident benefit of double sum assured would be settled.
