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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J
Laxmikant Gopalkrishna Shivhare – Appellant
Versus
Shriram Gopalkrishna Shivhare – Respondent
| Table of Content |
|---|
| 1. death of shail shivhare (Para 1) |
| 2. background of the deceased (Para 2 , 3 , 4 , 5) |
| 3. claim of the nominee (Para 6 , 7 , 8 , 9 , 10) |
| 4. legal heirs' rights (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. nominee vs. legal heirs (Para 27 , 28) |
| 6. revision petition outcome (Para 29 , 30) |
JUDGMENT :
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.
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 Laxmi
A nominee does not inherit the estate of the deceased and must distribute amounts to legal heirs according to succession laws.
Nominees do not inherit the estate of the deceased; they must distribute amounts to legal heirs according to succession laws.
Nomination does not confer ownership rights; legal heirs retain entitlement to the deceased's estate under succession laws.
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.
The court affirmed that a succession certificate grants legal heirs entitlement to deceased's bank deposits, overriding nominee claims under the Banking Regulation Act.
A will must be executed and attested as per legal requirements to be valid, and a nominee under the Life Insurance Act does not have absolute rights over the benefits but holds them in trust for the ....
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