Before marriage, the mother was made the nominee of the insurance policy, so will the wife and children not get the claim money after the death of the husband? Know the recent decision of HC.

Many such cases have come to the fore in which before marriage, the person had made his parents or siblings the nominee of his insurance policy. After marriage, that person is not able to make his wife and children the nominee. So in such a situation, a legal dispute starts between the wife, children and the parents of the person.

After the death of a person, does only the nominee have the right to his insurance claim? Or can the legal heirs of that person claim to get the insurance amount.

Many such cases have come to the fore in which before marriage, the person had made his parents or siblings the nominee of his insurance policy. After marriage, the person is not able to become a nominee for his wife and children. In such a situation, a legal dispute begins between the wife, children and the person's parents.

The High Court resolved the matter.

Recently, a similar case came up before the Karnataka High Court. In which the son had made his mother the nominee of the insurance policy before marriage. When the person died after his marriage, a legal marriage began between the wife and mother regarding the claim of the insurance amount.

The legal heir also has rights

In this case, the Karnataka High Court gave a big decision saying that the nominee in the insurance policy does not have the right to the entire claim of the insurance policy. If the legal heir of the deceased person makes his claim, then he will also have the right to claim the insurance policy.

This is the case

This case is related to Nilavva alias Neelamma vs Chandravva alias Chandrakala alias Hema and others. In which the High Court made it clear that section 39 of the Insurance Act 1938 does not mean that the law of succession should be abolished in it.

Legal heir also has the right to claim insurance

Justice Anant Ramnath Hegde of Karnataka High Court, while giving the verdict on this matter, said that the nominee gets the full benefit of the claim only when the legal heir of the deceased does not claim. If the legal heir claims to receive the claim amount and the nominee also claims, then the amount should be divided equally among all the parties. Legal heirs include parents, husband-wife, children etc.

In this case, which came to light recently, the person had made his mother a nominee in the insurance policy even before marriage. Even after marriage and having children, the person did not change the name of the nominee. The person died in the year 2019. After this, a dispute started between the wife and mother regarding the insurance amount.

The High Court has ordered that the insurance claim amount will be divided equally among the deceased's mother, wife and children.