HARI DEVI Vs. DRISHNA DEVI

JUDGEMENT

(1.) S .K. Seth, J. - l. This plaintiff is the mother of Shyam Sunder Wadhwani who died on 18 -6 -1981. The defendant No.1 is the widow of Shyam Sunder Wadhwani. The defendant No.2 is the daughter, and the defendants 3 and 4 are the sons of Sunder Wadhwani.

(2.) IT was claimed by the plaintiff that after the death of her son Shyam Sunder Wadhwani she and the defendants inherited the immovable and moveable properties left behind by him. It was accordingly that she filed a suit for partition and separate possession against the defendants in respect of the properties said to have been left behind by Shyam Sunder Wadhwani.

(3.) AS far as the moveable properties were concerned, it was denied by the defendants that Shyam Sunder Wadhwani left behind any bank deposits or cash money. With regard to the insurance policies, it was submitted by them that the same had been obtained by the deceased for the benefit of the defendants i.e. his wife and children declaring the defendant No.1 as the nominee to receive payments thereunder. It was admitted by them that after the death of Shyam Sunder Wadhwani the Life Insurance Corporation paid the amounts covered by the insurance policies to the defendant No.1. It was claimed that under section 6 of the Married Womens' Property Act, 1974, the insurance money belonged to the defendant No.1 absolutely and the money did not form part of the estate left behind by the deceased. With regard to the provident fund and gratuity amounts lying in the name of the deceased, there was a similar claim made to the effect that the said amounts did not form part of the estate of the deceased for the reason that the defendant No.1 had been declared as the nominee under the rules by the deceased to receive the payments after his death. It was admitted that the employers of the deceased had paid the above said amounts to the defendant No.1 for her benefit and that of defendants 2 to 4. It was alleged that the plaintiff had no share in the said amounts. With regard to the domestic articles like furniture, utensils, radio, etc., it was denied by them that the deceased left behind any such articles with them.