H) Nomination as per Section 39 of the Insurance Act 1938, as amended from time to time:
1) The policyholder of a life insurance policy 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 the policyholder's death during the minority of the nominee. The manner of appointment is to be set 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. The policy can be registered by the insurer in the policy records. 5) Nomination can be cancelled or changed at any time before the policy matures, by an approval or further approval or will, as the case may be. 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, the insurer will not be liable if a bona fide payment is made to the person named in the text of the policy or in the registered records of the insurer. 7) The fee to be paid to the insurer for registering the change or cancellation of a nomination can be specified by the Authority through Regulations. 8) A transfer or assignment made in accordance with Section 38 shall automatically cancel the nomination except in the case of assignment to the insurer or other transferee or assignee for the purpose of a loan or against security or its reassignment after repayment. In such a case, the nomination will not get cancelled to the extent of the insurer’s, transferee’s, or assignee’s interest in the policy. The nomination will get revived on repayment of the loan.
9) The provisions of Section 39 are not applicable to any life insurance policy to which Section 6 of the Married Women’s Property Act, 1874, applies or has at any time applied except where, before or after the Insurance Laws (Amendment) Act 2015, 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 the spouse or children, or the spouse and children, under Section 6 of the MWP Act, it should be specifically mentioned in the policy. In such a case, only the provisions of Section 39 will not apply. |
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