Anand Byrareddy, J.

The present appeal is filed by the defendants in a testamentary suit. The parties shall be referred to by their rank before the Trial Court.

2. The first plaintiff was the sister-in-law of the defendants. Plaintiff No. 2 was the son of Plaintiff No. 1. Plaintiff No. 3 was the minor daughter of the first plaintiff who is said to have died during the pendency of the appeal. It was the case of the plaintiffs, namely the respondents 1 and 2 herein that Respondent No. 1 was the legally wedded wife of S.L. Vijay Kumar who was the brother of the present appellants and that the marriage of the first plaintiff with S.L. Vijay Kumar was performed on 11.2.1981 at St. Johns Evangelist Church, at Bangalore. In the wedlock, it is claimed that the first plaintiff gave birth to the second plaintiff and the third plaintiff The husband of the first plaintiff namely S.L. Vijay Kumar was said to be working as a Senior Telephone Operator at the Telecom Exchange at Bangalore and he had retired and was a pensioner. It transpires that he had taken ill and he was admitted to the Manipal Hospital for treatment. It was at that stage that the present appellants - defendants are said to have prevented the Plaintiff No. 1 to meet her husband and take care of her. Therefore, she had got issued a notice dated 6.4.2002 to the employer of her husband and with the help of the officers of her husband's employer, the plaintiff was allowed to meet her husband. Ultimately, he died on 11.7.2004. During his lifetime, the husband of the plaintiff is said to have deposited a sum of Rs.5,00,000/- in a Savings Bank Account bearing No. 17221 as on 22.05.2002 with M/s. Canara Bank, J.P. Nagar Branch, Bangalore and he had also obtained a Life Insurance Policy of Rs.50,000/- from the Life Insurance Corporation Division No. 614, Residency Road, Bangalore. It is claimed that he had nominated the third plaintiff the deceased daughter of Plaintiff No. 1 as the nominee and therefore, the plaintiffs were the only legal heirs of S.L. Vijay Kumar. After the death of S.L. Vijay Kumar, the first plaintiff having approached M/s. Canara Bank where there was a Fixed Deposit of her husband, she was informed that Defendant No. 1, namely the Appellant No. 1 herein was named as the nominee in respect of the said deposit and it was also learnt that Defendant No. 2 was appointed as minor guardian to Plaintiff No. 3 in the Life Insurance Corporation Policy and therefore, the plaintiffs were instructed that they could not lay claim to the Fixed Deposit, unless they obtained Succession Certificate and hence a petition for Succession Certificate was filed. Since the defendants had entered caveat, the petition was converted into a Testamentary suit and accordingly was adjudicated as a suit.

3. The defendants having entered appearance, the Defendant No. 1 had filed a separate written statement and Defendant No. 2 had adopted the said written statement filed by Defendant No. 1. Defendant No. 3, the Life Insurance Corporation of India had filed a separate written statement. Defendants 1 and 2 who were the sisters of S.L. Vijay Kumar admitted the fact that Plaintiff No. 1 was indeed the wife of S.L. Vijay Kumar, but it was denied that Plaintiffs 2 and 3 were children born to S.L. Vijay Kumar through Plaintiff No. 1, since S.L. Vijay Kumar and Plaintiff No. 1 had hardly lived together for few months after their marriage and thereafter had separated.

4. Therefore, there was no possibility of plaintiffs 2 and 3 being born to S.L. Vijay Kumar. Therefore, Defendants 1 and 2 were the only surviving heirs of S.L. Vijay Kumar. S.L. Vijay Kumar had nominated Defendant No. 1 for the Fixed Deposit and therefore, she was entitled to receive the benefit thereon. It was further contended that Defendant No. 2 was appointed as a guardian for Plaintiff No. 3 in respect of Item No. 2 of the suit property, namely the Life Insurance Corporation Policy. It was emphasised that Plaintiff No. 1 had l