Nominees hold no beneficial interest to a deceased's estate; succession follows legal heirs per statutory provisions.

CAV Order

1. Since the issue involved in the bunch of Civil Revisions and the facts are one and the same, they are heard analogously and are being disposed of five Civil Revisions i.e. CR No. 180 of 2017, CR No. 175 of 2017, CR No. 176 of 2017, CR No. 179 of 2017 and CR No. 184 of 2017 by this common order.

2. These five civil revisions have been preferred under Section 384 (3) of the Indian Succession Act, 1925 (henceforth ‘the Act’) against the order dated 13.10.2017 passed by the Fourth Additional District Judge, Raigarh in different Civil Appeals which have been dismissed, affirming the order of Succession Court i.e. Second Civil Judge, Class-I, Rajgarh in five Succession Cases.

3. Facts of the case, in brief are that the marriage of Panchram and Fulkumari Patel was solemnized in the year 1987 and from their wedlock, daughter namely Jyoti was born. On 07.05.1993 Fulkumari Patel left her matrimonial house and daughter also. On 26.06.1999 Pancharam who was working as constable in the police department died during service in the road accident. Subsequently, Jyoti Patel used to live with her grandfather namely Kamaldhar and he died also. Thereafter, Jyoti Patel started living with the elder brother of deceased Pancharam. It is contended that on 30.12.2005 the applicant adopted Ku. Jyoti Patel as his daughter and since then she was living with the applicant. In the year, 2000, Jyoti Patel obtained compassionate appointment on the post of constable in the Police Department and unfortunately, she died unmarried on 17.09.2014.

4. During her life time, Ku. Jyoti Patel had taken some Insurance insurance policy and also deposited money in different banks. After her death dispute arose between the respondent No.1 and the applicant to inherent the estate of deceased deposited by way of Insurance policy as well as money in the Banks, therefore, five applications under Section 372 of Indian Succession Act were filed before learned Second Civil Judge Class-I Raigarh for claiming Succession over the estate of the deceased mainly contending that deceased Ku. Jyoti Patel was his adopted daughter, looked after by him and also provided education to her, therefore, he is entitled to get succession certificate in his favour. The respondent No.1 / objector appeared in the said proceedings and raised objection and also filed counter claim, claiming succession for insurance policies issued by life insurance corporation, Raigarh, Fixed deposit receipt, amount kept in the saving account. The respondent No.1 has also filed Succession Case No. 21 of 2014 against the applicant for getting succession of the money deposited in the Police Department wherein the applicant has also filed counter claim.

5. Learned Succession Court after hearing the parties, has partly allowed the succession certificate in favour of the applicant in case No. 18 of 2014 and directed that the applicant is entitled to get half of the amount deposited in the State Bank Branch Pusour bearing account No. 11356597894. Learned trial Court in Succession Case No. 21 of 2014 filed by Fulkumari has granted Succession for obtaining Rs. 3,50,000/- the dues payable to legal heirs after