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2026 Supreme(Online)(Kar) 19423
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO. 1913 OF 2020 (ISA)
BETWEEN:
1. SMT SUCHITHRA P J W/O LATE LOLAKSHA K AGED 31 YEARS
2. KUM MANISHA K L D/O LATE LOLAKSHA K AGED ABOUT 4 YEARS MINOR REPRESENTED BY HER MOTHER NATURAL GUARDIAN AND NEXT FRIEND THE PETITIONER NO.1 SMT SUCHITRA P J PERMANENTLY RESIDING AT KUNTIKANA HOUSE D M i A g H ita A l L ly A s K ig S n H e M d I b B y M KOLTHIGE VILLAGE L C K o A O c R U a N t R i A o T n T O :A F H K I A GH P P E U R T L T A U M R P T A A D L I U P K O ST D.K. - 574 223 PRESENTLY RESIDING AT POLAJE HOUSE KODIYALA VILLAGE AND POST BELLARE HOBLI SULLIA TALUK D K DISTRICT - 574 212
…APPELLANTS
(BY SMT. LAKSHMI DEVI, ADVOCATE FOR SRI. PRASANNA V.R., ADVOCATE)
AND:
1. SMT ANUSUYA AGED ABOUT 72 YEARS W/O BABU GOWDA
2. JANARDHANA K AGED ABOUT 38 YEARS S/O BABU GOWDA
RESPONDENTS NO.1 AND 2 ARE RESIDING AT KUNTIKANA HOUSE KOLTHIGE VILLAGE PERLAMPADI POST PUTTUR TALUK D K DISTRICT - 574 223
3. LIFE INSURANCE CORPORATION OF INDIA PUTTUR BRANCH PUTTUR TALUK D K DISTRICT - 574 201
4. THE SUB-POST MASTER PERLAMPADI SUB POST OFFICE KOLTHIGE VILLAGE PUTTUR TALUK D K DISTRICT-574 212
5. THE POST MASTER BELLARE POST OFFICE BELLARE VILLAGE SULLIA TALUK D K DISTRICT-574212
…RESPONDENTS
(BY SRI. KRISHNAMOORTHY D., ADVOCATE FOR R1 AND R2 SRI. RAJESH SHETTY, ADVOCATE FOR R3 NOTICES TO R4 AND R5 ARE SERVED & UNREPRESENTED)
ORDER
i. The Miscellaneous First Appeal is hereby dismissed.
ii. The order passed by the trial Court in P &SC.No.06/2017 is hereby confirmed.
Sd/-
_____________________
JUSTICE K.S. HEMALEKHA
rv List No.: 1 Sl No.: 35
THIS MFA IS FILED U/S. 384 OF THE INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED. 28.10.2019, PASSED IN P AND SC.NO.06/2017, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., PUTTUR, D.K., ALLOWING THE PETITION FILED UNDER SECTION 372 OF INDIAN SUCCESSION ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
1. This Miscellaneous First Appeal is preferred by the petitioners in P & SC.No.06/2017 on the file of the Principal Civil Judge and J.M.F.C., Puttur, Dakshina Kannada ('Trial Court', for short) calling in question the order dated 28.10.2019 whereby the petition filed under Section 372 of Indian Succession Act, 1925 (‘the Act’ for short) was allowed in part, granting succession certificate jointly in favour of the petitioners and respondent No.1.
2. Brief facts of the case are that:
One Mr.Lolaksha K died on 11.05.2015 leaving behind, (i) wife (petitioner No.1), (ii) minor daughter (petitioner No.2), (iii) mother (respondent No.1) and brother (respondent No.2).
The deceased had LIC and postal insurance policies. Initially, his father was nominated but he pre-deceased the deceased, and no fresh nomination was made. Petitioners sought release of benefits, but were directed to obtain a succession certificate, leading to filing of the petition under Section 372 of the Act.
3. The petitioners contended that they are the class I legal heirs and are entitled to benefits arising from the life insurance and postal insurance policies. Pursuant to the suit summons issued by the trial Court in P & SC.No.6/2017, the respondents appeared and filed their statement of objections.
4. Respondent No.2, the brother of Lolaksha filed objections stating that the petitioners are not only the class-I legal heirs of deceased-Lolaksha, but his mother and brother, are also the legal heirs of deceased Lolaksha. It is stated that the deceased had initially nominated his father Babu Gowda for the benefits of policy issued by the Life Insurance Corporation and since Babu Gowda predeceased the deceased, and the deceased having not made any other person as nominee, the respondents are also entitled for the benefits.
5. The trial Court based on the pleadings, framed the point for consideration. In order to substantiate their claim, the petitioners examined petitioner No.1 as PW.1, marked documents at Ex.P1 to Ex.P7. On the other hand, respondent No.2 examined himself as RW1 and got marked documents at Ex.D16 to Ex.D25.
6. The trial Court upon appreciation of the pleadings, oral and documentary evidence, arrived at a conclusion that the relationship between the parties is undisputed and they fall within the category of class I legal heirs. It further held that since the earlier nominee (father) had pre-deceased and no fresh nomination was made, succession had to be governed by Law of Inheritance, not nomination. Thus, the Court held that the petitioners and respondent No.1 are entitled to succeed and respondent No.2 (brother) is not the class I heir, hence not entitled to share in succession certificate and arrived at the conclusion that the petitioners together are entitled to 2/3rd share and respondent No.1 (mother) is entitled for 1/3rd share and allowed the petition in part.
7. Learned counsel for the petitioners submits that the petitioners being the class I legal heirs are entitled to the entire benefits and the trial Court erred in granting 2/3rd share to the petitioners and 1/3rd share to respondent No.1 (mother). It is contended that the order is contrary to Section 8 of the Hindu Succession Act, 1956.
8. Per contra, the learned counsel appearing for the respondents sought to justify the impugned order and submits that Babu Gowda was the father of Lolaksha and husband of Anusuya (respondent No.1). Babu Gowda pre- deceased on 04.03.2012 and Lolaksha died on 11.05.2015. Lolaksha had nominate
