Legal Question in Real Estate Law in India

My husband expired and I am the nominee for his LIC Policy. I got the insurance amount on his death. Now my mother-in-law asking 25% share from the insurance amount and filed a suit for succession certificate to get the LIC amount. Kindly let me know whether my mother- in -laws action is correct. whether he is eligible for the share in the insurance amount.As per the Hindu succession act 1956

Mother Share in son�s property will get 1/3rd of her son�s property (where there are no childrens) Will get 1/6th property of her son�s property (where there are childrens) if she hold some part of ancestors property and have source for her survival cannot claim her son's property because she was not dependent on her son. whether law quoted above is useful for filing a suit against mother.


Asked on 10/22/09, 2:05 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Already advised that only nominee eligible to receive the insurance proceeds. Family tree will have to studied to advice on share of each legal heir. So consult lawyer with full details and documents.

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Answered on 10/22/09, 2:21 am
Shrichand Nahar S.V.Nahar, Advocate

Hindu Sucession Act, 1956 provides for sharing equally by Class-I heirs of a male hindu.

Class-I heirs of a male hindu are mother, widow, sons, daughters etc. - If there is only mother and widow, then they will share equally viz. 50% each, if there is mother, widow, 1 son and 1 daughter, then they will share equally viz. 25% each.

In case there are ancestral properties belonging to family of your husband, then your husband has right in such properties. After demise of your husband, his share can be claimed by his Class-I heirs as aforesaid.

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Answered on 10/22/09, 7:16 am


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