ANITA DILIP GAIDHANE Vs. BAJIRAO MADHAVRAO GAIDHANE

JUDGEMENT

(1.) By this appeal, appellants challenge judgment and order dated 18th September 1997 passed by the Joint Civil Judge, Senior Division, Chandrapur in Succession Case No. 6 of 1994 refusing to grant Succession Certificate to applicants i.e. widow and daughter respectively of deceased Dr Dilip Gaidhane. The securities in respect of which the certificate was applied for were four insurance policies described in the application.

(2.) Respondent no.1-father was nominated by deceased Dilip while effecting the policies. Section 39(i) of the Insurance Act provides that in the event of death of a policy-holder amount of policy shall be paid to the person or persons nominated by him, was reason for the Trial Court to reject application for succession certificate made by appellant no.1-wife. Learned Trial Court, however, held that since nomination indicates the hand which is authorised to receive the proceeds of policy, applicants are entitled to take up appropriate remedy available to them in law from the nominee proportional to their right, if need so arises.

(3.) Learned counsel for appellants contends that appellants being admittedly heirs in class-I, learned trial Court could have declared their 1/3rd share in the money payable under various policies, without asking appellants to undergo rigours of another round of litigation. Learned counsel for appellants has relied upon judgment of Orissa High Court in Khageswar Naik v. Domuni Bewa and anr, 1989 AIR(Ori) 10 in which it is held that widow and widow mother of a male Hindu being class-I heirs, succeed simultaneously and are entitled to half share each in the immovable property of the deceased.