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  • Category: Indian Law

    Is mother eligible to apply for legal heir certificate if son is deceased?


    Have a query about who can be a legal nominee? Searching for the eligibility criteria of nominee and the procedure to get the legal heir certificate? Here, go through the advice provided by out experts to all your queries.

    My elder brother has passed away recently in a road traffic accident. He joined a corporate organization before marriage and my mother was mentioned as a nominee for the accidental death insurance.

    Since my brother is married, the organization has requested for a legal heir certificate for issuing the life insurance claim.

    My question is whether my mother is eligible to apply for a legal heir certificate or only my sister in law is eligible to apply for the same?

    If my mother is eligible; what would be the procedure for obtaining the same?
  • #150068
    When there is nomination, the benefits will be given to nominee only.

    But for certain benefits the person can nominate more than one person and specify the percentage of each nominee's share of benefits.

    As your brother is married, normally the wife is the first legal heir. But mother also can be a legal heir for benefits if she proves that she has no other person to depend upon. For that one has to get succession certificate or get order from courts.

    If there is any dispute, and the same is informed to the bank/insurance company, even when nomination is there, they may ask for legal proofs for their own safety and to avoid any legal complications later.

    In the present case, if the mother also does not have any other source to depend upon and was already depending upon the deceased son, she can apply for a part of the insurance benefit. But then things will prolong. But the same can be eased if the daughter-in-law and mother join and apply specifying the percentage of share.

    It is better to come to an understanding and put up a joint application in the tribunal to avoid bitterness in the family and avoid delay in settlement.

  • #150074
    Normally, only the nominees or beneficiary can get the benefits after such incidents. But I would like to suggest you to contact the insurance company and discuss about the possibilities that how you can get the things done as your mother wants.
    Before doing these all I request you to have a family discussion first. You should think about your sister-in-law that how will she survive after such a big loss. She is also the part of your family, would request you to not let her feel alone and helpless. She will definitely be living in hard time where she needs love, care and family support.
    Only the insurance company can advise you the ways to get the benefits. There are lot of hidden terms and conditions in the insurance so you must read all and be careful.
    I am sorry for your lost.

  • #150080
    Is your brother only the earning member in your house. What about your father. From your post what I understood is you are all living together. Probably your brother has written your mother's name as the nominee before he got married. Even though the employee declares some name as the nominee the insurance companies and employers will be asking for legal heir certificate to avoid further complications in this issue. If the deceased is married the wife will be the legal heir as per the Law. If the mother is also alive and if she is dependent on the son she will become eligible if she gets a succession certificate.
    The MRO will be giving the legal heir certificate. So first your family members discuss the subject and decide on the percentages between the wife and the mother. Then you go to MRO and declare in writing about the understanding and ask for a legal heir certificate as per the above proportions. MRO will definitely give that. I have seen in my company employees getting Heir Certificate in this way.

    drrao
    always confident

  • #150115
    Since your brother has married and died, the first legal nominee is his wife. Law also supports and pays the compensation to the wife and not the mother. Though the loss of son is the big jolt for the mother and that too when he is having family, a mother cannot think of that tragedy and even wont cope up. But financially she cannot get anything even after applying for legal heir certificate. And it should be left to the mercy of the sister in law as to how much she can part with your mother. Again there cannot be insistence of the share from your mother side, as your sister in law has lost a bread winner and her life husband which cannot be compensated with money.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease


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