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2000 Supreme(SC) 1346

K.T.THOMAS, R.P.SETHI
Vishin N. Khanchandani – Appellant
Versus
Vidya Lachmandas Khanchandani – Respondent


JUDGMENT

Sethi, J.-Leave granted.

2. Whether the nominee specified in the National Savings Certificate, on the death of its holder, becomes entitled to the sum due under the certificate to the exclusion of all other persons?, or whether the amount of the certificate can be retained by him for the benefit of the legal heirs of the deceased - is the sole question required to be adjudicated by us in this appeal by special leave.

3. The present dispute is with respect to the savings certificates, the holder of which was Lachmandas Naraindas Khanchandani. Appellant No. 1 is the brother, appellant No. 2 the step brother, the respondent No. 1 is the widow and respondent No. 2 is the daughter of the deceased-holder. The deceased was serving in the Income Tax Department and has left behind debts consisting of National Savings Certificates, amounts in Compulsory Deposit Schemes, Post Office Cumulative Time Deposit Scheme and Pass Book Post Office Savings Bank. The respondent No. 1 filed a petition under Section 370 of the Indian Succession Act, 1925 for the grant of succession certificate in respect of debts and securities left by the aforesaid deceased in the Court of Civil Judge, Senior Divis





































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