( 1 ) ONE Sri Ramlal held a decree against Sri Brij Bhushan Saran. Mittal, The decree-holder put his decree into execution after the death of the said Brij Bhushan Saran Mittal and sought to attach the money due under a life insurance policy which Brij Bhushan Saran Mittal had taken out on 28-2-1944 from the Indian Mercantile Insurance Company Ltd.

( 2 ) BRIJ Bhushan Saran Mittals wife, Smt. Shanti Devi, made an application for the release of the insurance policy money which had been attached, upon the ground that she had been nominated by Brij Bhushan Saran Mittal to receive the policy money in the event of the death of Brij bhushan Saran Mittal, the insured. The objection of Smt. Shanti Devi was dismissed by the learned executing court which held that Section 6 (1) of the Married Womens Property Act (Act iii of 1874) did not apply to Hindus. It also held that Section 39 of the Insurance Act was clear that where the insured had nominated his wife to receive payment of the money after his death, Section 6 of the Married Womens property Act did not come into play. It also held that mere nomination did not create any interest in favour of the nominee and held that the money still continued to be the property of the assured and the executing court further held that the insurance money was liable to be attached as a part of the estate of the deceased. The objection of Smt. Shanti Devi was, therefore, dismissed.

( 3 ) UPON an appeal by Smt. Shanti Devi, the court below held that, in the absence of an assignment in favour of Smt. Shanti Devi, the policy amount remained the assets of the deceased. It held that merely because the appellant was nominated to receive the sum from the insurance Company that did not make her owner of the money and that the nomination only dispensed with the necessity of obtaining a succession certificate.

( 4 ) THIS is an execution second appeal by Smt. Shanti Devi. It is contended that Section 6 (1) of the Married Womens Property Act applies to Hindus and that though the policy in question was effected by Brij Bhushan Saran Mittal on his own life but was expressed on the face of it to be for the benefit of his wife and that therefore the policy enured for the benefit of the wife and must be deemed to be a trust for the benefit of the wife under Section 6 (1) of the Married womens Property Act.

( 5 ) BEFORE dealing with the contention it is necessary to state that the policy in question was taken out on 28-2-1944, that the sum assured was Rs. 2,000/ -. The conditions of the policy, inter alia, were set out in the Schedule to the Policy which is reproduced below: schedule schedule. . The Proposer Name, Brij Bhusan Saran Mittal, Esq. Occupation cashier. Address. C/o. Messrs. Mansa Ram and Sons, Bankers, dehradun, U. P. The Life Assured. Same as above. Date of Proposal, 21st February, 1944. Date of Commencement of the Assurance. 28th February 1944. Sum Assured Amount Rupees. Two Thousand only with Profits Ta no. VII. Plan. Endowment Assurance, 20 years. To whom Payable. The Life Assured, his nominees, executors, administrators or Assigns. Nominee under Section 39 of Insurance Act 1938. Nil. Event on the happening of which the sum On the 28th day of February 1964 or at death or the L as-Sured is to become payable. Assured, if earlier. Instalment of Premium. Annual Tabular Premium Rs. 109/10 Amount Rs. 27/- (Rupees Twenty sevan. and annas seven only ). Date when due. 28th day of february, May, august and november every year. Period during which payable. During life time o the Life Assured f 20 years, that is un the 28th Novembe 1963 (Inclusive ). Age of the Life Assured admitted or not. Not admitted. Special provisions (if any ). This policy is issued with Double Accident Benefit a per Endorsement stated at the back hereof.

( 6 ) ON 9-5-1944 the Assured endorsed a nomination on the back of the policy in the following words:

"i, Brij Bhushan Saran Mittal hereby nominate my wife Shreemati Shanti De