RAM VIR SINGH Vs. MITHILESH KUMARI AND OTHERS

JUDGEMENT

(1.) This is an appeal under Sec. 384 of the Indian Succession Act against order dated 24-3-1988 granting succession certificate to respondent No. 1.

(2.) Facts of the case are that Mahabir Prasad Sharma was a constable in U. P. Police. He died on 14-6-1984 leaving behind him his widow respondent No- 1 Smt. Mithilesh Kumari and his brothers appellant Ramvir Singh and respondent No. 2 Rajvir Singh. He held a G. P. F. Account and Insurance money. Both in the G. P. F. Account and Insurance appellant Ramvir Singh was nominee. Respondent No. 1 applied for succession certificate under Sec. 372 of the Indian Succession Act in respect of the G. P. F. and Insurance money of the deceased. Ramvir and Rajvir filed joint objections and pleaded that as a nominee Ramvir has a right to receive G. P. F- and Insurance money. They further pleaded that deceased left sister Pushpa whose marriage was performed by Ramvir who had to spend money for Pushpas maintenance also. According to them Smt. Mithilesh Kumari lives with her parents. She sold away the share of the property of her husband and deposited the money in joint account with her father.

(3.) Learned lower court held that under Sec. 39 of the Insurance Act of 1939 nominee did not acquire any beneficial interest. He relied upon the case of Smt. Sarwati Devi Vs. Usha Devi, AIR 1984 SC 346 . He held that respondent No. 1 being widow of the deceased had right to succession certificate. He consequently granted succession certificate.