Who will receive insurance claim after death nominee or legal heirs?

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In Amrit Pal Singh v. Bajaj Allianz General Insurance Company, the company refused to pay claims to the nominee, saying that it will be paid to legal heirs. A claim arising out of the murder of Jaswinder Kaur, the insured under a Personal Accident Policy, was lodged by the nominee of the insured, who was also her son.

The nominee challenged the decision of the company in District Consumer Disputes Redressal Forum (DCDRF), which ruled in favour of the company and asked it to decide the claim within 60 days and to pay the amounts, if any, to the legal heirs of the deceased in accordance with law of inheritance.

The order of DCDRF, was challenged in the State Consumer Disputes Redressal Commission (SCDRC), Chandigarh, but the State Commission too upheld the order of the District Forum, finding no ground to interfere with the order.

The State Commission, relied on Supreme Court judgement in Challamma v. Tilaga and Vishin N Khanchandani v. Vidya Lachmandas Khanchandaniwherein the Apex Court had ruled, ‘The nomination only indicated the hand which was authorised to receive the amount on the payment of which the insurer got a valid discharge of its liability under the policy.

The policy holder continued to have interest in the policy during his lifetime and the nominee acquired no sort of interest in the policy during the lifetime of the policy holder. On the death of the policy holder, the amount payable under the policy became part of his estate which was governed by the law of succession applicable to him. Such succession may be testamentary or intestate.

Section 39 did not operate as a third kind of succession which could be styled as a statutory testament. A nominee could not be treated as being equivalent to an heir or legatee. The amount of interest under the policy could, therefore, be claimed by the heirs of the assured in accordance with law of succession governing them.

Thus, being under impression that your job is done by appointing a nominee is not a safe proposition. The nominee is only entitled to receive the claim on behalf of all legal heirs as per the laws of inheritance applicable to the deceased. The only exception to the general rule that a nominee has no beneficial interest in case of a life insurance policy, where the nominee is the parent, spouse, or child of the insured.

In another case, Vishin N Khanchandani v. Vidya Lachmandas Khanchandani, in which nominee and legal heirs were at logger heads, the succession court overruled the objection of nominee and issued the succession certificate to the legal heirs. The High Court also dismissed the appeal of the nominees. The Supreme Court also upheld the decision of the High Court. So, once again it was the legal heirs but the nominee, which was declared the claimant of benefits of insurance policy. The Supreme Court had already declared in Sarabati Devi v. Usha Devi that the nominee was the recipient on behalf of the legal heirs.

Thus, it’s not unusual on part of claim handlers to demand a succession certificate or No Objection Certificate from all legal heirs even in cases where the claim has been lodged by the nominee named in the Policy, leading to considerable delay in settlement of claims.

The problem gets more complicated in case of Group Life Insurance Policy, provided by the employer. A young employee, often ends up making his mother the nominee. On his death, both the mother and the widow lodge their claims through the employer.

The HR department does not forward the mother’s claim documents to the insurer, as an expression of solidarity with the widow of their deceased colleague. At the same time, they cannot forward the widows claim too, because she is not the nominee.

For the discharge of death benefits, the nominee mother was valid as far as the insurer was concerned. But with the amendment to Sec 39 of the Insurance Act in 2015, the right of the nominee has changed as against the legal heirs.

Before the amendment, the nominee would have received on behalf of the legal heirs and would have hand over the shares to the legal heirs in accordance with the inheritance laws.

But, after the amendment of 2015, the nominee in this case being the mother, would receive the claim proceeds under the Policy as a beneficiary, and not on behalf of the legal heirs.

Not only that the employer would have to bear the interest for the period of delay caused by it, as the life insurer would not be responsible for such delay. Ultimately, showing ‘solidarity’ with the deceased employee’s widow would not only be a costly but a futile affair too.

Its, not only ends here, even brother of deceased and his family becomes claimant in the sum insured by virtue of a legitimate share holder in mother’s property.

In my view, thus the best way is not remaining restricted to appointing a nominee in the insurance policy but timely completing estate planning/Will, including the insurance policy.


Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), )
Advocate & Consultant, Supreme Court of India & High Courts
4CSupreme Law International, Delhi, NCR. Mumbai & Dubai
Veteran Journalist
National General Secretary & Spokesperson, Lok Janshakti Party (Ram Vilas), NDA Govt led by PM Modi.
Tel: M- 91- 9818320572.
Website: www.ajaykr.comwww.4csupremelawint.com

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बडी खबर - सुप्रीम कोर्ट ने लोजपा के खिलाफ अपराधिक मामलों वाले उम्मीदवार को टिकट देने के कोर्ट के अवमानना के मामले में पार्टी के तर्क को स्वीकार करते हुए लोजपा को अपराध मुक्त किया।

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Mutation Entry Does Not Confer Any Right, Title Or Interest In Favour Of Any Person: Supreme Court

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Kya aapko apna LML Vespa, LML Orient scooter yaad hai?

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Simplified IPR registration process to help India become innovation hub

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Is an Indian marriage certificate valid in USA ?

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Can Enforcement Directorate arrest ?

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दुष्कर्म के नाम पर चल रहा था वसूली का खेल, महिला SI सस्पेंड: Delhi Police

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Will District Magistrate look after Child Welfare ?

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Insolvency and Bankruptcy Code Bill 2021: amendments for small businesses

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Can daughter in law drive out father-in-law from family property?

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Can your brother and Sisters have claim over your property ?

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Are women safe at home?

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A woman is raped every 5 hours, 10 mins in Delhi

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Centre sets speed limit for vehicles in Delhi, heavy fines for over speeding

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Law and Covid

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Are you ready to die peacefully

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DO YOU HAVE WILL TO WALK ?

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सवाल: मकान मालिक या किरायेदार... किसे फायदा पहुंचाएगा केंद्र का नया कानून, जानिए प्रमुख बातें

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Do you want to earn huge money?

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WhatsApp पर तीन रेड टिक? नहीं, सरकार आपके मैसेज, कॉल रिकॉर्ड नहीं कर रही है

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Are you next victim of Spy Groom war?

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काम की बात: क्या नॉमिनी ही होता है उत्तराधिकारी? जानिए क्या कहता है नियम और क्या हैं इनके अधिकार

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My father passed away without a will. Who has legal rights to his property?

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Get paid without insurance for Covid death

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News You Can Use.

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

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Can sex with your own wife land you in jail ?

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Can you land in jail for sharing Obscene Message online in private?

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Legally speaking who discovered America?

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47 years old legal dispute finally decided

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Are you a victim of Covid-19 Goonda Raj? Part-2

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Are you a victim of Covid-19 Goonda Raj ?

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Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

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Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

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Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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