sucession certificate
Querist :
Anonymous
(Querist) 04 March 2010
This query is : Resolved
my mother was bearing kisan vikas patra from Dehradun head post office the name of nominee was of my younger brother but he never cared of her hence she made a registered will in favour of me. on the basis of said will i was awarded sucession certificate/porobate by the court. on the basis of same order i approched post office they declined to act on sucession certificate rather they insisted me to call the nominee now request to show what i should do and how to proceed further is laid.
yours
sanjay sharma
Raj Kumar Makkad
(Expert) 04 March 2010
You issue a legal notice to post office and thereafter move to the civil court and seek stay order first against delievery of the maturity benefits of such Patra to your younger brother and seek the delievery for yourself on the basis of succession certificate.
Parveen Kr. Aggarwal
(Expert) 04 March 2010
The position of nominee was finally settled by the Supreme Court in the case of Sarbati Devi Vs. Usha Devi (AIR 1984 SC 346). In this case, a person insured his life and appointed his wife Usha Devi as nominee to receive the sum assured on his death. Sometime later he died, leaving behind his wife, son Ashok Kumar and mother Sarbati Devi as his nearest legal heirs. On the strength of the nomination, Usha Devi claimed absolute right to the sum assured to the exclusion of the other two heirs, i.e. the son and the mother of the deceased. The Supreme Court dismissed her claim holding "a mere nomination made under Section 39 does not confer on the nominee any beneficial interest in the amount payable under the life insurance policies on the death of the insured." The Court further observed that the nomination only indicates the hand, which is authorized to receive the amount. The amount, however, can be claimed by the heirs of the assured in accordance with the Law of succession governing them.
In your case, you are entitled to receive the amount on the strength of the Succession Certificate/Probate in your favour. Still if the Post Office authorities are refusing to accept your claim, you may file a civil suit for mandatory injunction directing the post office authorities to release the payment in your favour.
