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shiv   25 December 2022

Insurance policy

Respected Sir,

I have a query about insurance policy claim.Policy holder is dead, In a policy mother of policy holder is nominee with 100%share. Can the wife of policy holder claim for the policy?

And there is a finance loan on a property of policy holder. Is the financer can attach the policy with the loan without the permission of nominee?

Please provide some insight about it. Thank You.



Learning

 7 Replies

VINOD SHROFF   25 December 2022

If   insurance Policy holder is dead, insurance Co. can pay the entire amount to  mother of policy holder being 100% share.. Mother is only a care taker. and  the wife of policy holder can  claim her legal right  from  the policy.  as  there is a finance loan on a property of policy holder. , the financer can demand his dues from mother- can get court order to attach the policy with the loan Mother being essential party to the suit. 

Read more at: https://www.lawyersclubindia.com/forum/insurance-policy-227465.asp#reply

Advocate Bhartesh goyal (advocate)     25 December 2022

Nominee is only trustee/custodian of deceased property and not owner of property and has only right to recover the property/amount from Insurance company/Bank and has to disburse the property to legal heirs of deceased ,he can not detain the property.Finance company can recover the loan amount by courts attachment order from policy amount.

Sudhir Kumar, Advocate (Advocate)     25 December 2022

The [policy ccan be attached for debt

shiv   26 December 2022

Policy can be attached without consent of nominee and if policy holder have other loans in personal form will nominee be eligible to give priority to other loans 

Sudhir Kumar, Advocate (Advocate)     29 December 2022

furter,  I nominee alive?

shiv   29 December 2022

Yes sir nominee is alive.

Sudhir Kumar, Advocate (Advocate)     30 December 2022

Nominee will get money


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