The respondents herein applied for grant of succession certificate in respect of late Abyakta Ranjan Bhattacharjee, son of late Annada Ranjan Bhattacharjee, who admittedly was unmarried and died intestate.

2. Abyakta Ranjan Bhattacharjee had 6 brothers –

i) Sri Achintya Ranjan Bhattacharjee, ii) Sri Adwaita Ranjan Bhattacharjee, iii) late Amrit Ranjan Bhattacharjee, iv) Sri Ashit Ranjan Bhattacharjee, v) Sri Sudha Ranjan Bhattacharjee and vi) Sri Ajit Ranjan Bhattacharjee. He also had one sister, late Indira Chakraborty. Therefore, the estate of Abyakta Ranjan Bhattacharjee was to be divided into 7 parts. One-seventh share would go to Sri Achintya Ranjan Bhattacharjee, one-seventh share would go to Sri Adwaita Ranjan Bhattacharjee, one-seventh share would jointly go to Smti. Ranu Bhattacharjee and Sri Anup Ranjan Bhattacharjee, legal heirs of late Amrit Ranjan Bhattacharjee. One-seventh share would jointly go to Smti. Sati Rani Bhattacharjee, Sri Sanjib Bhattacharjee, Sri Chiranjib Bhattacharjee being legal heirs of late Ashit Ranjan Bhattacharjee. One-seventh share would go to Smt. Bina Bhattacharjee legal heir of late Sudha Ranjan Bhattacharjee, one-seventh share would jointly go to Smti. Anita Chakraborty, Smti. Sikha Chakraborty and Sri Basudeb Chakraborty being legal heirs of late Indira Chakraborty and one-seventh share would jointly go to Smti. Uma Bhattacharjee, Smti. Bithika Bhattacharjee, Sri Sanjay Bhattacharjee, Smti. Mallika Bhattacharjee, Sri Abhoy Bhattacharjee and Smti. Juthika Bhattacharjee being legal heirs of late Ajit Ranjan Bhattacharjee.

3. There is no Will set up by any party. However, Smti. Mallika Bhattacharjee, daughter of late Ajit Ranjan Bhattacharjee, a brother of the deceased was the nominee mentioned in the bank accounts of the deceased Abyakta Ranjan Bhattacharjee. Other than the heirs of late Ajit Ranjan Bhattacharjee, all the other family members jointly filed a petition for grant of succession certificate. In this petition for grant of succession certificate, Smti. Uma Bhattacharjee and her children were also shown to be co-heirs in respect of the estate of late Sri Abyakta Ranjan Bhattacharjee. The dispute is only with regard to two bank accounts of the deceased. Smti. Mallika Bhattacharjee claims that she is entitled to withdraw the amount from the bank. That may be true, but it is well settled law that a nominee is only entitled to withdraw the amount, but the nominee has to ensure that payment is made to all the legal heirs. It is the responsibility of the nominee to ensure that the amount received by the nominee is divided amongst the legal heirs as per their respective shares.

4. In AIR 1984 SC 346, Smt. Sarbati Devi and another vs. Smt. Usha Devi, the Apex Court was interpreting Section 39 of the Insurance Act, which reads as follows:-

"39. Nomination by policy-holder.- (1) The holder of a policy of life insurance on his own life may, when effecting the policy or at any time before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the event of his death:

Provided that where any nominee is a minor, it shall be lawful for the policy-holder to appoint in the prescribed manner any person to receive the money secured by the policy in the event of his death during the minority of the nominee.

(2) Any such nomination in order to be effectual shall unless it is incorporated in the text of the policy itself, be made by an endorsement on the policy communicated to the insurer and registered by him in the records relating to the policy and any such nomination may at any time before the policy matures for payment be cancelled or changed by an endorsement, or a further endorsement or a will, as the case may be, but unless notice in writing of any such cancellation or change has been delivered to the insurer, the insurer shall not be liable for any payment under the policy made bona fide by him to a nominee mentioned in th