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ammu (Manager)     25 September 2012

Right of a father over son's property

 

Hi,

 

My friend passed away recently and this is about two insurance policies which h took before his marriage.

 

(i)                  In one policy, his mother is the nominee who is no more..now his father is still alive and asking for a share in that death benefit…I heard from one of my friend that the widow, and the two children of my friend being the 1st class legal heirs are the entitled members to get the benefit… Is this true? As he has filed a suit against my friend’s family, I would like to understand what stand the civil court would take and according to which law?

(ii)                There is another policy in which my  frend’s father himself is the nominee and he is not willing to share the benefit with other family members… so, If my friend’s wife files a suit claiming that she and her children are the only entitled members to get this benefit, will they get the complete benefit? or he being the nominee, will the benefit be shared with him? please clarify.



Learning

 3 Replies

Advocate Rohit (Advocate)     25 September 2012

Dear Friend,

 

Nominee is not a owner of the money, property. A nominee is a mere trustee for all the legal heirs. therefore, wife, children and dependent parents are the legal heirs of the policy holder. thus, all of them will have a right to get share in the insurance claim amount.

 

Therefore, your friends wife need to file a suit for cliaming her share and her child share in the insurance policy claim against her father in law.

 

Regards,

Advocate Rohi Dalmia

9324538481

Mumbai

Advocate Bhartesh goyal (advocate)     26 September 2012

Beinf a first class legal heir your friends wife and his children are entitled to obtain the benifits of questioned policies.your friends father is only nominee who can only collect the amount of policies but has to distribute the same to your friends wife and children.advice your friends wife to claim the policies amount byfiling petition for succession certificate.

ammu (Manager)     26 September 2012

Hello Sir,

Thank you for your reply... I am still not clear on father's right here... is is entitted for any share he not being listed uner 1st class legal heirs...


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