Right of nominee as collector of sum or as absolute owner - ...

Nominee Brother Cannot Claim Insurance as Absolute Owner; Directed to Transfer Sum to Legal Heir Petitioner.

December 9, 2023

Case Laws Indian Laws HC

Right of nominee as collector of sum or as absolute owner - Right of legal heirs - Payment of insurance claim amount in favour of the nominee - The Nominee, who is the brother of the deceased falls under the category Class-II legal heir and therefore, he is excluded from succeeding to the sum assured. Hence, in the absence of any dispute on the status of the parties, this Court in order to render substantial justice, directs the second respondent to hand over the entire sum assured to the petitioner. - HC

View Source

← Previous Next →

Right of nominee as collector of sum or as absolute owner - ...

Nominee Brother Cannot Claim Insurance as Absolute Owner; Directed to Transfer Sum to Legal Heir Petitioner.

December 9, 2023

Case Laws Indian Laws HC

You may also like:

The HC ruled that amendments to Section 39 of the Insurance Act, 1938, particularly subsections (7) and (8), do not override succession laws. Despite language suggesting...

Assessment proceedings against one of the legal heirs - deceased/assessee had admittedly more than one legal representatives - Despite the legal heir's explicit...

SEBI issued a circular revising and revamping nomination facilities for demat accounts and mutual fund folios. Key points: Reiteration of Existing Norms: - Rule of...

CESTAT held tax proceedings against a deceased sole proprietor cannot continue against legal heirs. Following SC precedent in Shabina Abraham, tax demands expire with...

Dishonour of Cheque - legal heir of deceased - substitution of the opposite party (deceased complainant) - It is the case of the petitioner that the opposite party is...

The ITAT Raipur held that an order passed in the name of a deceased assessee was invalid as legal heirs failed to disclose the death. Deduction u/s. 54F was denied as...

Oppression and mismanagement case - Transfer of 2500 shares by deceased challenged by appellant claiming legal heirs entitled to shares or fair price. Held: Appellant's...

Diversion of income by way of overriding title - legal heirs of the deceased partner was paid a sum as per the partnership deed - Diversion of income at source can take...

Penalty u/s 271(1)(c) imposed on the legal heir - any sum referred in section 159(1) does not include the penalty proceedings on the legal representative under section...

This case pertains to penalties imposed for alleged violation of the Foreign Exchange Regulation Act (FERA), 1973. The respondent claimed the appellant transferred...

Capital gain - legal owner of property - entire funds at the time of purchase of property was paid by his son the entire sale consideration is also received by her son -...

LTCG - registered sale deed was executed by the legal heirs of the deceased - CIT(A) has not verified this fact but has merely gone by the presumption that the assessee...

The ITAT, an Appellate Tribunal, addressed an appeal filed in the name of a deceased person without proper mention of the legal heir. The appeal was dismissed due to the...

Assessment in the name of the deceased assessee - liability of legal heir - After the death of the assessee, his legal heir was not brought on the record and no notice...

Cancellation of Registration Certificate - legal heirs - deemed dealer on the death of dealer - When it is an admitted fact that the petitioner is a legal heir of the...

Quick Updates: