RANJIT KAUR MATA Vs. BHAGWANT KAUR

JUDGEMENT

(1.) THIS appeal, presented under section 384 of the Indian Succession Act, 1925 is directed against the order dated 25.2.1986, passed by the VIIIth Addl. Judge 16 the Court of the District Judge, Indore in Succession Case No. 19/85 thereby refusing to grant succession certificate in favour of the appellant.

(2.) BRIEFLY stated, the facts of the case are that the appellant is the widow of Bhupendra Pal Singh. Bhupendra Pal Singh died at Indore on 26.1.85. Ku. Anisa is the daughter of Bhupendra Pal Singh born from the wedlock with first wife. The deceased was assured with the LIC (respondent No.3) for his life vide policy. Nos. 57626410 for Rs. 25,000/ - and 28538769 for Rs. 10,000/ -. The appellant applied for grant of succession certificate in respect of the aforesaid two policies. Ishwarsingh Mata (father of the deceased) and Bhagwant Kaur (mother of the deceased) objected to the grant of the certificate. The ground of objection was that they were made nominees for receipt of the amount of the aforesaid policies. The Court accepted this plea, and rejected the prayer:

(3.) I have heard Ku. Vandana Kasrekar, learned counsel for the appellant and Shri Agarwal, learned counsel for the respondent No.2 None appeared for respondent No.3. The respondent No.1 Ishwarsingh died during the pendency of this appeal.