• Nominee vs legal heir of LIC policy

Sir,
I got married on 12 02 2016 and unfortunately my wife died on 08 05 2016 due to sepcic shovk after OT . She was also an empoyee of SBI and her life was insured by LIC policy . She made her father nominee in every scheme like PF and LIC . Since i m also a banker so i know nominee s only reciever of the claim amt on behalf of leal heir .
as per hindu succession act i m only surving legal heir of my deceased wife. 
I m rresiding at hajipur vaishali and LIC and SBI branch where she was working is located auranagabaad bihar .
please suggest me how can stop the settlement of claim in favour of nominee and can hajpur court issue an notice to aurangabad lic branch .

Kindly suggest me
Asked 10 months ago in Civil Law from Hajipur, Bihar
1) nominee is only trustee for legal heirs 

2) send letter to bank not to make any payment without your consent 

3) apply for succession certificate from court in hajipur 
Ajay Sethi
Advocate, Mumbai
27180 Answers
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The amount will be released to the nominee if nomination has been made. The nominee is under an inescapable duty to divide the assets among the legal heirs of the deceased. A suit for injunction does not lie to restrain the bank/financial institution from releasing the amount to the nominee but you can seek injunction from the civil court to ask the nominee to divide the amount among the heirs. 
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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Hi, As per law nominee will not get 100% amount you being the legal heir you will get the amount.

2. You have to institute suit in the Aurangabad Court itself.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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You first have to issue a legal notice to the LIC manager instructing him to not to disburse the death claim amount to the nominee since you are the legal heir to the deceased and also initiate an injunction suit immediately in which you may ask temporary injunction as an interim relief restraining the LIC Manager from disbursing the police money to anyone till the disposal of the main suit.
you have to file a suit in the place where the LIC office is situated.
T Kalaiselvan
Advocate, Vellore
17306 Answers
165 Consultations
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