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in Civil Law Insurance Law
Asked June 20, 2017

Mother in law nominee for husband's Insurance policy

  • 1 Answer

Sir, after death of my husband, my mother in law who is also nominee of Insurance policy of my husband is not transferring money to my 3 year old son and me. Nomination was done before marriage. What can be done? It is also submitted that I am a government servant.

Answer 1

Ma’am as you are Hindu the distribution of the amount of insurance is carried on according

to the provisions of the Hindu Succession Act 1955. This act mandates that when a Hindu male

dies intestate (without leaving a will), his property will be distributed equally among his Class 1

heirs, which include the children, the widow and the mother apart from others. Thus though only

your mother and son may be nominees to the claim, the amount must be distributed equally

among all class 1 heirs, including yourself.

To carry out this distribution you must institute a suit for Perpetual Injunction under section 37

and 38 of the Specific Relief Act, which means an order by a Court that ensures the fulfillment of

a denied obligation in favor of a person, before a Court of Civil Jurisdiction. While instituting

this suit you must pray for the relief of distribution of amount.

Agree Comment 0 Agrees almost 4 years ago

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