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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Rinki Sardar (nee Biswas) – Appellant
Versus
Sandhya Sardar – Respondent
Judgment :
Supratim Bhattacharya, J.
1. This instant appeal has been preferred by the appellant/opposite party against the respondent/petitioner, being aggrieved by and dissatisfied with the order dated 28.06.2023 passed by the Ld. District Delegate at Baruipur, South-24-Parganas in Misc Case No. 31 of 2018.
2. Through the impugned order the Ld. Trial Court has allowed ex parte the prayer for granting succession certificate to the mother of the policy holder since deceased.
3. The appellants herein being the wife and minor son of the policy holder since deceased, were the opposite parties before the Ld. District Delegate and the respondent herein was the petitioner who is the mother of the policy holder since deceased.
4. Facts of the instant lis One Bappaditya Sardar son of Sanjoy Sardar of village Arunachal Gorkhara P.O. & P.S. – Sonarpur, District: South-24-Parganas was the policy holder in respect of five Postal Life Insurance policies bearing the Nos. WB-137640-CS, WB-261942-CS, WB-261946-CS, WB-273806-CS and WB-AEA-184409-CS. The said Bappaditya Sardar expired on 24.03.2018 leaving behind his mother Sandhya Sardar , his wife Rinki Sardar nee Biswas and his minor son Rudrajit Sarda
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.
Nomination does not confer ownership rights; legal heirs retain entitlement to the deceased's estate under succession laws.
A nominee does not inherit the estate of the deceased and must distribute amounts to legal heirs according to succession laws.
Nominees under Section 39(7) of the Insurance Act have a beneficial interest in insurance proceeds, but this does not override the applicable succession laws if inconsistent. Decisions on such matter....
Nominees do not inherit the estate of the deceased; they must distribute amounts to legal heirs according to succession laws.
Rights of the parties to a lis have to be decided in accordance with the statutory provisions and law that prevails on the day the cause of action arises.
The main legal point established in the judgment is that nomination under Section 39 of the Insurance Act, 1938 does not confer any beneficial interest on the nominee, and the amount payable under th....
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