• How to claim the insurance/bank of my wife?

Hi Sir,

I had married recently and my wife met with an accident after 45 days of marriage while travelling with her parents. She passed away post hospitalization in a week. Since we had less time after marriage she could not change the nominee details from her father to me. 

As per Hindu Succession Act I understood I'm a legal heir. She is a salaried employee in a private corporate company and had a salary bank account and one life insurance policy. 

Questions:

1) Who has the right to receive all the amounts? By HSA and few blogs I understood I'm the absolute owner being the legal heir. Correct me if there is any exception. How can I claim the amount bypassing the nominee?

2)If the banks and  insurance provides the amount to nominee and nominee do not transfer money to me what is the course of action I can take to get the rightful amount to me?

3)Can you suggest me the approach I can take , since I'm confused in taking which approach?



Thanks,
Shravan Kumar
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Hi, As per law nominee will not entitled for the full amount you have to file an application before the Bank and insurance  for the  amount and if they refused to give the amount then  you have to file a suit in the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) section 15 clearly state General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,- 

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. 

What it means that in this case since this Hindu lady died intestate i.e. without leaving any valid will it would devolve on her husband 

2) apply for succession certificate from district court 

3) nominee is only a trustee for legal heirs . obtain succession certificate and bank and insurance company will handover proceeds to you 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
File a writ petition instead in the high court wherein you would get results in more  speedy and efficacious manner. 
In that context the money will also remain safe till high court passes final order.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1) you can write to bank not to disburse funds to the nominee as you are applying for issue of succession certificate 

2) similarly for pension inform the authorities that you are applying for issue of succession certificate 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) Who has the right to receive all the amounts? By HSA and few blogs I understood I'm the absolute owner being the legal heir. Correct me if there is any exception. How can I claim the amount bypassing the nominee?
The terminal benefits out of her employment may be claimed by you on the basis of her legal heir/successor in interest immediately without any problem because you are her husband.
As far as the Insurance claim and Bank deposit claims, you may first issue a letter to the authorities to disburse the amount you being her husband and class I legal heir, in the event of they not able to oblige due to the nomination on a different name, you may ask them to put the payment of claims on hold to enable you to produce succession certificate to make the claim.  In the meantime you can obtain a succession certificate or legal heirship certificate from the Revenue department  or through a court of law. 



2)If the banks and  insurance provides the amount to nominee and nominee do not transfer money to me what is the course of action I can take to get the rightful amount to me?
You can  find an answer in the above lines.


3)Can you suggest me the approach I can take , since I'm confused in taking which approach?
You can go through the above answer.


I'll apply for the succession certificate as suggested. What if in the mean time the nominee claims the money from bank and insurance before I get succession certificate?

What if in her office nominee registers for pension with his bank details in the mean time?


You may issue  a legal notice and immediately file an injunction suit with an application for ad-interim injunction too, this will hold the authorities from proceeding with the settlement. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
1. Nomination does not oust the right which has been bestowed upon the legal heirs. As the legal heir of your deceased wife you are entitled to realize her salary account and other movable properties. What you will require is a Succession Certificate to be issued by the court.

2. If the amount is released to the nominee then you can recover it from the nominee through court orders.

3. You should engage a lawyer and file for Succession Certificate lest the amount is released to the nominee. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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