CHALLAMMA Vs. TILAGA

JUDGEMENT

(1.) Leave granted.

(2.) K.T. Subramanya (the deceased) was employed with Karnataka Power Corporation (for short, "KPC") at Linganamakki. He took four life insurance policies from Life Insurance Corporation of India being dated 13.1.1987, 16.2.1987, 31.3.1987, and 3.6.1988. Indisputably, therein he nominated Challamma, his mother as the beneficiary thereof. The first respondent is said to have entered into a wedlock with the deceased on 3.12.1984. Subramanya died on 22.9.1988.

(3.) Respondent Nos. 2 and 3 are said to be the sons of the deceased Subramanya and the first respondent herein. The respondents filed an application for grant of succession certificate in their favour in terms of Section 372 of the Indian Succession Act, 1925 (for short, "the Act") in the Court of Civil Judge, Sagar in respect of the scheduled debts. The said application was marked as P & S.C. 3/89. Appellant admittedly being the mother of the deceased filed an application for being impleaded as a party therein, which was allowed. She objected to the grant of the said succession certificate contending that the deceased was not married at all. The core question in view of the aforementioned stand taken by the appellant in the said proceedings was as to whether the first respondent was married to the deceased or not.