KALISADHAN MITRA, MINOR, Vs. PRAFULLA CHANDRA MITTRA

JUDGEMENT

(1.) The question raised in this appeal is as to the effect of a declaration made by an employee of the Eastern Bengal State Railway regarding the disposal of the sum standing to his credit in the Railway Provident Fund on his death.

(2.) The facts are as follows:---Dwarka Nath Mitter was a widower without children in 1902, and when he was called upon under the Rules of the Fund to make a declaration as to the payment of the money deposited by him on his death, he named his brother Prafulla Chandra Mitter. He married a second wife subsequently, and had two sons and two daughters by her, but he did not change his declaration. He died in 1922. Then the widow applied for a certificate under Act VII of 1899, and Prafulla opposed the application. Later he applied for Letters of Administration on the footing that the declaration is a Will. The widow, and, after her death, the sons opposed this application, but the learned Judge has held that the declaration is a Will, and has granted Letters of Administration limited to the money at the credit of the deceased in the Fund. The minor sons are the appellants.

(3.) The declaration is in this form: "I hereby declare the following to be the name and address of the person who in the event of my death, will be entitled to receive payment of my deposit in the Railway Provident Fund and I make this my Will so far as regards such deposit." Opposite a note "whether the above (the nominee) is next of kin or obtains the depoist by bequest of depositor" are the words "by bequest of depositor." The declaration is duly attested by two witnesses.