RANCHI, India, Nov. 28 -- Jharkhand High Court issued the following order on Oct. 30:
1. Instant appeal is preferred against the order passed in Succession Case No.7/2022 by which Succession Certificate is directed to be issued in favour of applicants/respondents.
2. The facts of the case are not in dispute that the husband of the respondent no.1, who died on 11.04.2021 had obtained some LIC policies in his name and made his mother Parvati Devi @ Paro Devi as nominee, who died on 02.09.2021.
3. It is submitted by learned counsel on behalf of appellants that the respondent no.1 had mentally and physically tortured the deceased and she was residing separately.
4. Learned counsel on behalf of the respondents defends the impugned judgment. It is submitted that there is no dispute that respondent no.1 is the wife of the deceased. It is further submitted that the respondents have proved the Succession Certificate regarding the LIC policies issued in the name of her husband as stated in para 13 of the impugned judgment and other relevant documents.
5. The facts in brief of the present case is that Succession Certificate is issued in favour of widow and son of the deceased, whereas the appellants/objectors are the brothers and other relatives. It is not in dispute that Succession Certificate issued in favour of Class I heirs, is in exclusion of the Class II heirs as per Hindu Succession Act, 1956. The sole ground on which the appeal is preferred is that the mother was nominee in the LIC policy. This plea is not available to the present appellants as the mother has already died.
Instant appeal is shorn of any merit and is consequently, dismissed with cost. Interlocutory Application, if any, is disposed of.
Disclaimer: Curated by HT Syndication.
