• Right of mother on deceased son insurance policy

What is the right of mother on deceased son insurance policy whose nomination is in favour of the daughter in law with 2 minor kids. Insurance company will also pay rs80000 per month for 10 yrs . Increasing 10@%pa in amount payable.
Asked 7 years ago in Property Law
Religion: Hindu

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19 Answers

1) Mother has  right in insurance policy 1/3rd of share can get it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As per law Class Ist Heirs are :Son, Daughter, Widow, Mother, etc. hence mother in law will have 1/4 share in the property of son. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Insurance laws have totally different rules for monetary /compensation payments to the Nominees and other Legal Heirs are not considered, UNLESS & UNTIL there is a specific Court order in favor of other legal heirs.

2. By virtue of above, ONLY the registered nominee is entitled to receive amounts from the Insurance co. and not anybody else.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1) on son demise mother is one of legal heirs 

 

2) nominee is only trustee for legal heirs 

 

3) apply for and obtain succession certificate from district court in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Since daughter-in-law is refusing to give mother share she should obtain succession certificate from district court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Mother has equal share with daughter in law and grandchildren in the insurance money payout

You are a class 1 legal heir of your son

File a suit against daughter in law

Or complain to senior citizens tribunal 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

As per succession act, mother also equal share holder along with his wife and kids.

 

Nomination means,  to handover the property/money to the legal heirs.

 

So his wife can't refuse to give the share as per legal

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

The mother will have share as legal heir can claim her share from the amount recieved under hindu siuccession act.

The nominee is only care taker for legal heirs.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Mother in law can file for succession certificate and her share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Mother has equal right on the said disbursement by the LIC alongwith the widow and 2 children of the deceased person.

 

2. The widow of the said person is the trustee of the said amount being nominee of the policy.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The mother of the insured shall have to write to the disbursing authority claiming her share of the amount.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

  1. As per the information mentioned in the present query, makes it clear that the mother should also get a share in the premium amount as daughter in law is getting.
  2. Though she has been made a nominee, but doesn’t mean that the older and weak mother would not and able to get any relief from that amount which her son would have also given to her if he was alived.
  3. Mother should get the legal heir certificate from the Tehsildaar of her district to claim right in the amount mentioned above.
  4. Then should go to cpurt of Civil law under Seniour Citizen Act for getting maintenance from the amount of deceased son.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. The insurance policy is made to be paid in favour of the persons shown as beneficiary of the policy.

2. The law of inheritance is of not applicable if the policy specifically determined the persons shown as beneficiary to receive the benefit of the policy.

3. However all other movable or immovable assets left by the son at the time of his demise will be left free to be inherited by his mother, widow and children in equal share. To get her due share the mother can file a suit for partition.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

In case of liquid assets mother has no right and insurance property but as sun is responsible for the maintenance of mother the widow of the son has  the similar responsibility and she has to maintain her mother in law.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Nominee is the absolutely entitled person in case of insurance policy. However mother can claim on other things like shared household and go for relief under dv act

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

The nominee in an insurance policy shall be treated as a trust to receive the monies and to distribute the same among all the heirs of the deceased.

Therefore your mother has rights to claim her legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your mother can file a suit for partition in that itself case , she may seek an injunction to the your such activities, hence you may  have to express your grievances in this regard and vacate her temporary injunction. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the nomination is in her wife's name she will refuse. Anyways you have a legal right on your son's Property being dependent and class one heirs. You will get your share. For the same you need to file suit for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

Insurance company will also pay rs80000 per month for 10 yrs . Increasing 10@%pa in amount payable. 1) Mother has right in insurance policy 1/3rd of share can get it. As per law Class I st Heirs are :Son, Daughter, Widow, Mother, etc. hence mother  will have 1/4 share in the property of son.

Mother can claim her share through Civil Court. If insurance company do not entertain her representation. Nominee is the person who is entitled to receive the amount and distribute the same among all the legal heirs of deceased as per Inheritance law.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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