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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Laxmikant Gopalkrishna Shivhare – Appellant
Versus
Shriram Gopalkrishna Shivhare – Respondent
JUDGMENT :
(URMILA JOSHI-PHALKE, J.)
1. By invoking the jurisdiction under Section 115 of the Code of Civil Procedure, the applicants challenge the judgment and order by which the judgment and order passed by learned Civil Judge Senior Division, Nagpur is modified and held that the applicants, non- applicant Nos.1 and 2 are entitled to claim 1/3rd share each in the amounts of Rs.10,91,163/-, Rs.3,60,000/- and Rs.60,993.60 total amounting to Rs.15,12,156.60 left behind by deceased Shail Shivhare. By this order, direction was also issued to issue the succession certificate in favour of the applicants and non-applicant Nos.1 and 2.
2. Brief facts which are necessary for disposal of the revision, are as under:
Applicant No.1 in this application namely Laxmikant Gopalkrishna Shivhare and non-applicant No.1 Shriram Gopalkrishna Shivhare are the brothers of deceased Shail who died on 6.5.2013. Applicant No.2 is the son of applicant No.1 namely Abhishek Laxmikant Shivhare and non-applicant No.2 is the sister of deceased Shail. Non-applicant No.1 filed an application for Succession Certificate contending that he and applicant No.1 and non-applicant No.2 are issues of late Gopalkrishna Shivhare.
Nomination does not confer ownership rights; legal heirs retain entitlement to the deceased's estate under succession laws.
Nominees do not inherit the estate of the deceased; they must distribute amounts to legal heirs according to succession laws.
A nominee does not inherit the estate of the deceased and must distribute amounts to legal heirs according to succession laws.
The main legal point established in the judgment is that a nominee holds the proceeds for and on behalf of all the sharers, and therefore, is bound to share the proceeds with other legal heirs.
Nomination in insurance does not confer absolute rights over terminal benefits, which pertain to legal heirs under succession laws.
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
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