Parents will be legal heirs or not?

Querist : Anonymous (Querist) 03 May 2010 This query is : Resolved
Last month my younger brother died in an accident. he was married last year, no kid. In one of his insurance policies his wife is nominee, in this case his parents will be legal heirs or not for claim amount?

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A V Vishal (Expert) 03 May 2010
MOTHER CAN CLAIM THE AMOUNT ALONG WITH HER DAUGHTER IN LAW AS CLASS I HEIR, FATHER & BROTHER CANNOT

Guest (Expert) 03 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING CLAIM OF INSURANCE KINDLY NOTE THAT

1.YOU MAY SEND NOTICE TO THE L.I.C.OFFICE
FOR CLAIM OF INSURANCE AMOUNT.
2.YOU WILL BE REQUIRED TO APPLY FOR SUCCESSION CERTIFICATE FOR PARENTS FROM THE COURT TO CLAIM THE AMOUNT ,AS WIFE IS NOMINEE.
YOU MAY SEND DETAILS OR CALL.
THANKS.

Ashok Yadav (Expert) 03 May 2010
I am agree with the experts.

Sushil Kumar Bhatia (Expert) 03 May 2010
after the death of married son his legal heirs of first schedule will be his wife father mother ,if someone has nominated anybody for claiming amount he is not the sole claimant of money the money will be distributed equally among the all legal heirs and after the death of husband wife remarried then she will not be entitled for claim

A V Vishal (Expert) 04 May 2010
Mr Sushil:

Father is not a Class I heir so he is not entitled only the wife and the mother of the deceased are entitled.

J K Agrawal (Expert) 04 May 2010
All heirs are entitle. It does not make any difference that who is nominee.

Nominee can collect amount from insurer and that is valid discharge as against insurer.

It is upon nominee to disburse the amount to entitling person.

Here in this case, it appears that wife and mother are class 1 heirs and the both are entitle to equal share.

Querist : Anonymous (Querist) 05 May 2010
Is only dependent mother will be legal heir? And father has come under senior citizen act, he may not be the legal heir?

A V Vishal (Expert) 05 May 2010
Under the succession act father is not recognised as a Class I heir only the mother is accepted, further it is independent whether the legal heir is dependent or not. Father can be a heir only in absence of Class I heirs.

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