High Court: The nominee will not be entitled to the entire amount in the insurance policy. Legal heirs can also claim the money of the insurance policy. A similar case came to light in which the son took an insurance policy before marriage, in which the mother was made the nominee. After the death of the person, there was a dispute between the mother and wife regarding the insurance claim.
High Court: The nominee will not be entitled to the entire amount in the insurance policy. Legal heirs can also claim the money of the insurance policy. A similar case came to light in which the son took an insurance policy before marriage, in which the mother was made the nominee. After the death of the person, there was a dispute between the mother and wife regarding the insurance claim. In which the Karnataka High Court has given an important verdict that the nominee in the insurance policy will not have full rights on the insurance amount, if the legal heirs (entitled) of the deceased make their claim.
What did the court say?
The court clarified that Section 39 of the Insurance Act, 1938 does not mean that it can abolish laws like the Hindu Succession Act, 1956. This decision has come in the case of Neelavva alias Neelamma vs Chandravva alias Chandrakala alias Hema and others. In this case, there was a dispute over the real beneficiaries of the insurance amount.
Legal heir can claim
Justice Anant Ramnath Hegde said that the nominee in the insurance policy will get the benefit only if the legal heirs of the deceased do not claim. If the heirs like wife, children or parents claim, then the division of the insurance amount will be according to the succession laws.
What was the whole matter
In this case, a person made his mother a nominee in his insurance policy before marriage. Even after marriage and the birth of the child, he did not change the nominee. When he died in 2019, a dispute started between his mother and wife over the insurance amount. The High Court upheld the decision of the lower court and said that the mother, wife and child of the deceased will get one-third of the insurance amount. It has become clear from this decision that the nominee will not get the entire amount in the insurance policy, but the legal heirs will also have rights over it.
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