NARAYANCHAR Vs. HARSHA

JUDGEMENT

(1.) This is a second appeal by the plaintiffs.

(2.) The 1st plaintiff - Narayancharya was the father of Dhondacharya and the other plaintiffs were the siblings of Dhondacharya. They filed a suit seeking for a declaration that the 1st plaintiff was entitled to withdraw the amount in respect of which he had been nominated by Dhondacharya, his deceased son in the records and for a direction to the defendant - Smt.Harsha (wife of Dhondacharya), who was the daughter-in-law of the 1st plaintiff to handover LIC policies and Saving Certificates. They also sought for a decree that the 1st plaintiff - Narayancharya be declared as the owner of lands bearing Sy.Nos.162 and 163 of Aurad-B Village, Gulbarga Taluka and for a consequential injunction.

(3.) The entire case of the plaintiffs was that Dhondacharya, the husband of the defendant had executed a Will dtd. 7/7/2003 whereby he had bequeathed the suit properties in favour of his brothers by requesting his father to transfer the same in their name after his death and had nominated his wife, the defendant to withdraw the amounts that would accrue to him as service benefits on his death.