If the name of the wife is mentioned as a nominee in the insurance policy, then the insurance company cannot be forced to give the succession certificate.

The Allahabad High Court has said in an important decision that if the wife's name is registered as a nominee in the insurance policy, then the insurance company cannot refuse to pay the sum assured to the wife in the absence of succession certificate।          According to the case, Brijesh Kumar Maurya, husband of Savita Kumari, a resident of Azamgarh, Uttar Pradesh, was working as an assistant teacher in Jalaun.After the death of her husband, wife Savita Kumari was appointed as assistant teacher from dependent quota.Savita Kumari's husband had an insurance of Rs 1000000. After the death of the husband, the wife claimed the insurance amount, which was opposed by her in-laws. Wife Savita Kumari moves court to direct insurance company to get payment of insurance amount On the petition of Savita Kumari, the court directed the insurance company to pay the insurance amount to Savita Kumari, the wife of the deceased.But the insurance company refused to give the insurance amount to Savita Kumari, the wife of the deceased.The insurance company said that there is a dispute about succession among the claimants of the deceased.Sum Assured cannot be paid to the wife of the deceased until the succession dispute is settled. Thereafter wife Savita Kumari filed a review petition in the court.                                                              A division bench of Justice M .C.  Tripathi and Justice Manjeev Shukla, while hearing the review petition, said that Section 39 of the Insurance Act does not make it legally binding to give succession certificate to the heir and nominee in the insurance policy.                                                         While directing the manager of Life Insurance Corporation of India, Azamgarh, to take a decision in the said matter, the court said

because the wife is a nominee in the insurance policy, so she does not need to give the succession certificate to get the payment of the insurance amount.He has the right to receive the payment of the sum assured even without the succession certificate.