Estate

Trial Court, while deciding succession application filed by father, directed distribution of Group Insurance Proceeds between them as per shares prescribed in Sharia

Appellant (widow) claimed to be the sole nominee/beneficiary entitled to the entire Group Insurance Proceeds

Held, that since the Group Insurance Proceeds of deceased did not fall within the definition of estate, the same was not available for its distribution among the legal heirs and could not devolve on his legal heirs

To grant a succession certificate would mean to hold that Group Insurance Proceeds formed part of the deceased's estate which would in turn mean that Group Insurance Proceeds were liable to be distributed amongst the legal heirs which would be incorrect

Thus, in the present case, a succession certificate was not required and, thus, the Succession Miscellaneous Application filed by the deceased' father was not maintainable in respect of the proceeds of Group Insurance, as the same did not constitute the estate of a deceased under the law

Division Bench of the High Court set aside the impugned order passed by the Single Judge of the High Court (Testamentary and Intestate Jurisdiction) being not sustainable

High Court Appeal was disposed of.

Trial Court, while deciding succession application filed by father, directed distribution of Group Insurance Proceeds between them as per shares prescribed in Sharia

Appellant (widow) claimed to be the sole nominee/beneficiary entitled to the entire Group Insurance Proceeds on the basis of the Data Form filled and signed by the deceased in his own handwriting

Held, that the mere act of nomination did not grant a nominee a right in the assets of a deceased person

Role and responsibility of a valid nominee of a deceased person varied with what constitutes the estate of a deceased, that is; i) where the benefits formed part of the estate of a deceased, the nomination merely conferred upon the nominee (whether he be one of the legal heirs of the deceased or not) a limited right and responsibility to collect or receive such amount and distribute the same amongst the legal heirs of the nominator/deceased entitled under the law of succession applicable to the deceased; nomination in such a case could not act to deprive or exclude the legal heirs from their right of inheritance; nomination did not confer or vest any title in favour of the nominee and the latter did not become the owner; nominee was merely a trustee who collects for the benefit of all persons entitled to inherit from the deceased; in short, it merely obviates the necessity of obtaining letters of administration or succession certificates; ii) On the other hand, if the benefits did not form part of the estate of a deceased, then ordinarily it must go to the duly appointed nominee as otherwise it would defeat the purpose and intent of the nomination; the nominee in such a case would be under no obligation to distribute such benefits amongst the legal heirs of a deceased

In the present case, a Succession Certificate was not required and, thus, the Succession Miscellaneous Application filed by the deceased' father was not maintainable in respect of the proceeds of Group Insurance, as the same did not constitute the estate of a deceased under the law

Division Bench of the High Court set aside the impugned order passed by the Single Judge of the High Court (Testamentary and Intestate Jurisdiction) being not sustainable

High Court Appeal was disposed of.

division?Two fards (lists of grantees) Prepared for Purpose of convenience do not mean that two sub?divisions had been created.