MADHAVI AMMA Vs. KALLIANI AMMA

JUDGEMENT

(1.) The C. R. P. arises from a petition under S.372 of the Indian Succession Act, for a succession certificate.

(2.) Facts relevant and essential to decide the issue, briefly stated, are: Narayanan the son of the petitioner herein died on 2-9-1982. At the time of his death, his wife Pushpaja was alive. Pushpaja died on 9-9-1982 that is, within a week of Narayanan's death. The couple however, died issueless. On the death of Pushpaja therefore, according to the respondent herein, Pushpaja's half right devolved on her. She accordingly filed the above petition for succession certificate claiming one half of the insurance amount due to the insured Narayanan. In support of this case the respondent relied on S.17 of The Hindu Succession Act, 1956, for short The Succession Act.

(3.) On the other hand the petitioner herein who is the mother of deceased Narayanan, contended that she was the sole heir and hence she alone was entitled to get the entire insurance amount. The succession therefore, required to be determined under S.8, 10, 15 and 16 and not under S.17 of The Succession Act.