• Death claim of insurance amount by legal heirs although nominee is exist

Sir my wife expired/died  without changing nomination in her LIC policy after marrige and now I claim for death benifit and her father who is registered nominee of said policy also claimed so lic inform me that they will pay to nominee as per LIC nomination scheme. But I want to the claim settle  in favour of me so kindly give me legal advice how to take stay order from court and how to get claim amount being only survival legal heirs of deceased person . The claim amount is 10lakh.

LIC office is situated at aurangabad bihar and my wife's father living also in aurangabad bihar and I am from hajipur vaishali district.
Kindly guide me the complet procedure and how expected time will take. And suggest  lower at hajipur or patna if it is possible.

Regards 
Gaurav
Asked 3 months ago in Civil Law from Hajipur, Bihar
If the nomination has been made by the deceased then the insurance company is bound to honour it. However, a nominee is a mere trustee of the legal heirs. ON the demise of your wife her legal heirs are her husband and children. So your father-in-law is under a duty to disburse the released amount to her legal heirs. You can file a suit for declaration of your heirship and recovery against him to get the amount.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1)nominee is only trustee for legal heirs

2) you have to move court and seek share in the lic policy proceeds .

3) seek injunction restraining LIC from making payment to her father 

4) cause ought to be filed in aurangabad  bihar 

Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1) kindly understand jurisdiction of court for filing case would depend upon whether it has jurisdiction to entertain calims or not 

2) for instance in  Bombay suits  wherein claim amount is Rs1 crore and above have to be filed in High court only . other cases have to be filed in city civil courts

3) local lawyer can guide you as to whether your case can be filed in Patna HC or not 

4) based on his advice you take legal proceedings to claim your share in property of your deceased wife
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
1. You cannot file a suit directly in the HC except if the HC is one of the five HC's having ordinary original civil jurisdiction. The suits are filed in the court of civil judge. 

2. To stop payment to nominee you require an interim injunction from the competent civil court. There is no remedy before the HC. 

3. You have to approach the court which has the jurisdiction to hear and decide the matter. There is no room for 'wants' and 'desires' when it comes to the jurisdictional competence of the court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
You should first issue a legal notice to the concerned branch office o LIC stating that your wife died on so and so date, you being her husband and your children are the legal heirs of the deceased hence the death claim on her life insurance policy number so and so are t be settled to you people alone an not to her father who may be a nominee.
Actually as per the provisions of law with regard to nomination to lic policy moies, the nominee is just a trustee to receive the claim amount from lic and to disburse the same to the legal heirs of the deceased policyholder. 
After this you should immediately file an injunction suit before the court competent and get a a n injunction order against the lic restraining ti from setting the death claim amount.  You have to ct very fast i.e., before the lic is making payment to your father in law. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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since amount involve is rs 10lakh then can go to district court of vaishali and my permanent residence is hajipur vaishali .

You can approach the jurisdictional court only, your lawyer would be able to file the case in the appropriate court, so dont worry about this. 






A local lower advice me that I hve to approch high court to stop payment to nominee by LIC 

It is sheer misguidance.  You can consult a different and knowledgeable lawyer.






Lic inform me in written  that if I won't take stay order from court then they will proceed the claim in fvg og nominee.

They are right in saying so because they are bound to answer the claimant i.e., your father in law otherwise he may drag lic to consumer forum for unnecessary delay in settlement of claim amount.







Kindly advice me that what will be best district court hajipur or high court patna . I don't want to approch Aurangabad court for some reason 

The court within whose jurisdiction the lic branch office falls shall be the proper jurisdiction.
You can consult a good lawyer with proper knowledge on the subject. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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