PUKHRAJ SINGH Vs. RAMDEEN

JUDGEMENT

(1.) The present civil misc. appeal under Sec. 384 of the Indian Succession Act, 1925 has been preferred by the appellant against the order dtd. 10/9/2001 passed by the learned District Judge, Merta, District Nagaur in Civil Misc. (Succession) Application No.72/1998, whereby the learned trial court partly allowed the application of the appellant.

(2.) The facts in nutshell are that the appellant preferred an application before the learned trial court under Sec. 372 of the Indian Succession Act stating therein that he is the husband of late Smt. Santosh. His wife was a constable in the Rajasthan Police bearing belt no.206, who unfortunately expired on 2/6/1998. The said application was preferred for getting the succession certificate in order to claim for the balance and dues of his wife i.e., the amount towards Provident Fund (Rs.15,000.00), State Insurance (Rs.18,000.00), claim amount (Rs.15,000.00) and Police Valent Fund (Rs.50,000.00) and for getting the amount of Life Insurance Policy bearing no.500257308 in total a sum of Rs.1,16,000.00. The appellant also stated that before his marriage with the deceased Santosh, she was a government servant and therefore, in her service record, obviously, she has made her father as her nominee.

(3.) The respondents claiming themselves to be the successors of late Smt. Santosh filed their reply and stated that they being the nominee of the deceased are entitled for the amount of Life Insurance Corporation Policy and State Insurance Scheme. On the basis of the pleadings of the parties, the learned trial court framed three issues and while deciding the application, held that the appellant is entitled to receive succession certificate only for the amount of provident fund to the tune of Rs.15,000.00 and claim amount to the tune of Rs.18,000.00 and he is not entitled to receive the succession certificate in other heads and the remaining amount.