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1993 DIGILAW 589 (MP)

Ranjit Kaur Mata v. Bhagwant Kaur

1993-10-30

A.R.TIWARI

body1993
JUDGMENT This appeal, presented under section 384 of the Indian Succession Act, 1925 is directed against the order dated 25.2.1986, passed by the VIIIth Addl. Judge 16 the Court of the District Judge, Indore in Succession Case No. 19/85 thereby refusing to grant succession certificate in favour of the appellant. Briefly stated, the facts of the case are that the appellant is the widow of Bhupendra Pal Singh. Bhupendra Pal Singh died at Indore on 26.1.85. Ku. Anisa is the daughter of Bhupendra Pal Singh born from the wedlock with first wife. The deceased was assured with the LIC (respondent No.3) for his life vide policy. Nos. 57626410 for Rs. 25,000/- and 28538769 for Rs. 10,000/-. The appellant applied for grant of succession certificate in respect of the aforesaid two policies. Ishwarsingh Mata (father of the deceased) and Bhagwant Kaur (mother of the deceased) objected to the grant of the certificate. The ground of objection was that they were made nominees for receipt of the amount of the aforesaid policies. The Court accepted this plea, and rejected the prayer: Aggrieved by this order, the appellant has preferred this appeal. I have heard Ku. Vandana Kasrekar, learned counsel for the appellant and Shri Agarwal, learned counsel for the respondent No.2 None appeared for respondent No.3. The respondent No.1 Ishwarsingh died during the pendency of this appeal. The order of the Court below perused. It is seen that the prayer for grant of succession Certification was refused mainly on the ground that the aforesaid two objectors are made nominees by the deceased Bhupendra Pal Singh. The Court, therefore, deemed it fit that the appellant can litigate her rights in the appropriate forum i.e. Civil Court. On this assumption, the prayer was repelled. The position of law as regards the rights of the nominees is settled. In AIR 1984 Supreme Court 346 (Smt. Sarbati Devi and another v. Smt. Usha Devi), it is held as under: - "A mere nomination made under section 39 does not have the effect of conferring on the nominee beneficial interest in the amount payable under the life insurance policy on the death of the assured. The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The nomination only indicates the hand which is authorised to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. Decision of Allahabad High Court reversed. AIR 1962 All. 355 ; AIR 1978 Delhi 276 and AIR 1982 Delhi 36, overruled." xxx xxx xxx It is, thus, clear that mere· nomination has not the effect of conferring any beneficial interest in the amount payable under the policy. It is nothing but an authorisation to receive the amount. It ensures to the benefit of the person or authority liable to pay any amount as it constitutes valid discharge on the linchpin of nomination. There is yet another position developed in this case by subsequent event. It is the death of one of the nominees during the pendency of this appeal. The question, thus, is whether the surviving nominee alone would be entitled to receive the amount so as to give valid discharge. This is one development on the factual side. The other one is the legal position as stated above. In these circumstances, I find that remittal of matter is appropriate relief. Consequently, this appeal is accepted and the order impugned in this appeal is sub-verted. The Court below is directed to determine this question afresh in the light of the aforesaid position. The parties, through their counsel, are directed to appear in the Court below on 17th November, 1993 to take further orders in the matter. Parties, are however, left to bear their own costs of this appeal as incurred. Counsel fee on certificate on each side, shall be Rs. 750/-. The record of the Court below is directed to be returned so as to reach there well before the date fixed for appearance of the parties.