SHANTI DEVI Vs. RAM LAL

JUDGEMENT

(1.) One Sri Ramlal held a decree against Sri Brij Bhushan Saran. Mittal, The decree-holder put his decree into execution after the death of the said Brij Bhushan Saran Mittal and sought to attach the money due under a life insurance policy which Brij Bhushan Saran Mittal had taken out on 28-2-1944 from the Indian Mercantile Insurance Company Ltd.

(2.) Brij Bhushan Saran Mittal's wife, Smt. Shanti Devi, made an application for the release of the insurance policy money which had been attached, upon the ground that she had been nominated by Brij Bhushan Saran Mittal to receive the policy money in the event of the death of Brij Bhushan Saran Mittal, the insured. The objection of Smt. Shanti Devi was dismissed by the learned executing court which held that Section 6(1) of the Married Women's Property Act (Act III of 1874) did not apply to Hindus. It also held that Section 39 of the Insurance Act was clear that where the insured had nominated his wife to receive payment of the money after his death, Section 6 of the Married Women's Property Act did not come into play. It also held that mere nomination did not create any interest in favour of the nominee and held that the money still continued to be the property of the assured and the executing court further held that the insurance money was liable to be attached as a part of the estate of the deceased. The objection of Smt. Shanti Devi was, therefore, dismissed.

(3.) Upon an appeal by Smt. Shanti Devi, the court below held that, in the absence of an assignment in favour of Smt. Shanti Devi, the policy amount remained the assets of the deceased. It held that merely because the appellant was nominated to receive the sum from the Insurance Company that did not make her owner of the money and that the nomination only dispensed with the necessity of obtaining a succession certificate.