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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Snigdha Patnaik @ Mohanty – Appellant
Versus
General Manager, Circle Office, Canara Bank, BBSR – Respondent
| Table of Content |
|---|
| 1. writ petition filed for death claims. (Para 1) |
| 2. petitioner's marital status and claims established. (Para 2) |
| 3. opp. party bank's stance based on nomination. (Para 3) |
| 4. legal heirs vs nominee rights. (Para 5) |
| 5. hindu succession act applicable to claims. (Para 6) |
| 6. court's decision on apparent legal heir claims. (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. The present Writ Petition has been filed inter alia with the following prayer:
Under above circumstances, it is therefore prayed that your lordship may kindly be gracious enough to admit the writ application and issue Rule NISI calling upon the Opp. Parties No.1 & 2 and direct them to release the settlement of death claims and terminal benefits as well as other deposits dues of the deceased husband – Sri Subhransu Mohanty payable to the Petitioner as entitled to get from the Bank, being legally married wife of the deceased husband and thereby quashing the letter dated 30.11.2023 issued by the Divisional Manager, Canara Bank under Annexure-6 for the interest of justice.
And any other order/orders, direction/directions may be issued so as to give complete relief to the Petitioner;
And for which act of kindness,
Nomination in insurance does not confer absolute rights over terminal benefits, which pertain to legal heirs under 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....
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....
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 do not inherit the estate of the deceased; they must distribute amounts to legal heirs according to succession laws.
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