Apply for and obtain succession certificate in name of legal heirs from Bombay high court 

2) enclose your brother and mother death certificate 

3) schedule mentioning details of insurance policy 

4) it takes around 6 months to obtain SC 

Insurance company may not agree to pay the proceeds of insurance policy merely on affidavit of legal heirs and indemnity bond 

you can approach insurance company if you so desire 

you will have to apply for a succession certificate or letter of administration from court

i do not think the insurance company will accept indemnity from legal heirs

then too you can propose and see what is its response

Apply for legal heir certificate and than apply for release of insurance fund. Remedy of last resort is succession certificate.

Nominee role very limited to receive benefits in his hand on behalf of legal heirs.

1.  IF the Nominee has expired, THEN the only legal remedy to claim the residual proceeds of the insurance policy claims, is to obtain a Succession Certificate from the court.  There is no other simpler way.  This will also be required when you file your income tax returns, showing the money received against the insurance claims.

You can submit the legal heir certificate in this case along with the affidavit.  The same will suffice for your case.  But if there are some properties also then you need to file for succession certificate

Succession certificate from the court need to  be obtained in general course though if the insurance company agree based on legal heir certificate and NOC from heirs and indemnity bond it can release the amount. 

See if the insurance company agree then only this way can be used otherwise you need to file for succession certificate. 

Since your mother being the nominee predeceased your brother who is the ife assured, now upon his death the title to claim the policy money is open, hence you may have to apply for claim amount and fill up necessary forms available with the insurance company which are required to be furnished under the said circumstances.

Was your brother married or unmarried, if married then his wife and children may stake a claim or if unmarried then the class II legal heirs may claim the insurance death claim amount.

For class I legal heirship certificate you can approach the local Tehsildar's office with an application along with the death certificate and details of all the legal heirs mentioned in the application.

If it is class II legal heirs, then you may have to approach court for obtaining succession certificate because the revenue department are not empowered to issue certificate for class II legal heirs of the deceased.

Nominees just custodian of the legal heirs. The nominee cannot inherit any properties just by virtue of being the nominee.

You will have to file for succession certificate from court in order to take the death claim insurance.

Insurance company would not accept affidavit cum indemnity Bond. Succession cerificate is necessary, but there is no harm in trying.

Obtain a succession certificate from the court and thereafter on the basis of the same, you may stake claim from the insurance company 

regards 

No, the insurance company will need a legal heir certificate or a succession certificate in order to make payment to the legal heirs. 

Get in touch with a local lawyer for the same. 

regards 

This is my response to you:

1. For this approach the tehsildar office;

2. Obtain the death certificate of all;

3. Obtain a legal heir certificate;

4. You can also prepare an affidavit cum indemnity bond;

5. Consult a local lawyer and obtain legal opinion.

you can approach Local Advocate for proper legal advice along with all you documents and accordingly matter can be taken further.

Dear client 

Now the legal heirs of the nominee can claim the Insurance policy on behalf of the deceased nominee. 

And for this you have to obtain the succession certificate fr civil court. 

1. As per the information mentioned in the present query, makes it clear that you will have to obtain the legal heir certificate from the Tehsildaar office.
2. You cannot take the benefit of affidavit or indemnity bond as the insurance company will also go by law of having been issued the legal heir certificate to take the benefit of any policy.
3. Still, you can go ahead and try it once, but I don’t think that insurance company will allow the same to be availed by you all without having the legal heir certificate.
4. Rest, you are free to call me at any time for future legal assistance.