1) Mother has right in insurance policy 1/3rd of share can get it.
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.
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Age of mother is 74 years and daughter in law is refusing to give mother share so what is legal right and what action is to be taken
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.
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
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
Since daughter-in-law is refusing to give mother share she should obtain succession certificate from district court
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
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
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.
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.
The mother of the insured shall have to write to the disbursing authority claiming her share of the amount.
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.
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.
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
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.
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.
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
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.