What is Section 39 of Insurance Act?

Section 39 - Nomination

 

Nomination of a life insurance Policy is as below in accordance with Section 39 of the Insurance Act, 1938 as amended from time to time. The extant provisions in this regard are as follows:

 

  1. The Policyholder of a life insurance on his own life may nominate a person or persons to whom money secured by the Policy shall be paid in the event of his death.
  2. Where the Nominee is a minor, the Policyholder may appoint any person to receive the money secured by the Policy in the event of Policyholder’s death during the minority of the nominee. The manner of appointment to be laid down by the Insurer.
  3. Nomination can be made at any time before the Maturity of the Policy.
  4. Nomination may be incorporated in the text of the Policy itself or may be endorsed on the Policy communicated to the insurer and can be registered by the insurer in the records relating to the Policy.
  5. Nomination  can  be  cancelled  or  changed  at  any  time  before  Policy  matures,  by  an endorsement or a further endorsement or a will as the case may b
  6. A notice in writing of Change or Cancellation of nomination must be delivered to the insurer for the insurer to be liable to such nominee. Otherwise, insurer will not be liable if a bonafide payment is made to the person named in the text of the Policy or in the registered records of the insurer.
  7. Fee to be paid to the insurer for registering change or cancellation of a nomination can be specified by the Authority through Regulations.
  8. On receipt of notice with fee, the insurer should grant a written acknowledgement to the Policyholder of having registered a nomination or cancellation or change thereof.
  9. A transfer or Assignment made in accordance with Section 38 shall automatically cancel the  nomination  except  in  case  of  Assignment  to  the  insurer  or  other  transferee  or Assignee for purpose of loan or against security or its reassignment after repayment. In such case, the nomination will not get cancelled to the extent of insurer’s or transferee’s or Assignee’s interest in the Policy. The nomination will get revived on repayment of the loan.
  10. The right of any creditor to be paid out of the proceeds of any Policy of life insurance shall not be affected by the nomination.
  11. In case of nomination by Policyholder whose life is insured, if the nominees die before the Policyholder, the proceeds are payable to Policyholder or his heirs or legal representatives or holder of succession certificate.
  12. In case nominee(s) survive the person whose life is insured, the amount secured by the Policy shall be paid to such survivor(s).
  13. Where the Policyholder whose life is insured nominates his
    • parents or
    • spouse or
    • children or
    • spouse and children
    • or any of them

The nominees are beneficially entitled to the amount payable by the insurer to the Policyholder unless it is proved that Policyholder could not have conferred such beneficial title on the Nominee having regard to the nature of his title

  1. If nominee(s) die after the Policyholder but before his share of the amount secured under the Policy is paid, the share of the expired nominee(s) shall be payable to the heirs or legal representative of the Nominee or holder of succession certificate of such nominee(s).
  2. The provisions of sub-section 7 and 8 (13 and 14 above) shall apply to all life insurance policies   maturing   for   payment   after   the   amendment     of    Insurance   Act, 1938  (i.e. 26.12.2014).
  3. If Policyholder dies after Maturity but the proceeds and benefit of the Policy has not been paid to him because of his death, his nominee(s) shall be entitled to the proceeds and benefit of the Policy.
  4. The provisions of Section 39 are not applicable to any life insurance Policy to which Section 6 of Married Womens Property Act, 1874 applies or has at any time applied except where before or after Insurance Act 1938 (as amended from time to time), a nomination is made in favour of spouse or children or spouse and children whether or not on the face of the Policy it is mentioned that it is made under Section 39. Where nomination is intended to be made to spouse or children or spouse and children under Section 6 of MWP Act, it should be specifically mentioned on the Policy. In such a case only, the provisions of Section 39 will not apply.

 

[Disclaimer: This is not a comprehensive list as mentioned in Insurance Act 1938 (as amended from time to time), but only a simplified version prepared for general information. Policy Holders are advised to refer to the Act for complete and accurate details. ]