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Author Topic: Dependent is expired in middle of a case  (Read 996 times)

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Offline adviceget3

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Dependent is expired in middle of a case
« on: February 25, 2015, 07:02:07 PM »
My father was expired in road accident before some 12-13 years. At that time we filed MACT claim and my mother and grand mother were alive.
Lower court gave decision as per following
(1) FD with A amount (jointly Mother & Grandmother)
(2) FD with B amount (on name of Nazir)
Insurance company went to high court for FD(2)

when FD(1) was given to us, my grand mother was alive. Since my mother was joint applicant and my grand mother did not want to take any money from her son's case (she considered that it is the money for our family), We deposited amount in my mother's account after maturity of FD(A).

Now, case is still in high court for FD(2) and my grand mother is expired. We went to our lawyer (he is not so co-operative) to discuss that my grand mother is not alive. He has asked for all son and daughters name/ addresses of my grand mother.

My questions are as below
(1) What is the procedure to submit death certificate in high court.
(1.1) Does it require to submit name/ address of sons & daughters of person for which we are submitting death certi? We want to know that all brothers and sister's of my father will be notified on progress of our case on FD(2) OR will they be informed about final decision on FD(2) case?

(2) Assume we have submitted death certificate of my grand mother. How the winning amount would be divided? Will the winning amount on my grand mother's share will be shared across all her sons & daughters? OR it will be given to my mother only as she is the main victim in this case?

(3) Legally do we require to give share of grand mother's FD (A) to all her sons & brothers ? OR my mother is authorized to use entire amount of FD(A) as she was joint holder of FD(A) and grand mother was also alive at that time?

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