| Shipra Sengupta vs Mridul Sengupta and Others [SUPREME COURT OF INDIA, 20 Aug 2009] Family & Personal - Indian Succession Act, 1956, s.372 - Service benefits - Succession of - Appellant, widow of the deceased bank employee claimed succession of service benefits of the deceased - Trial Court granted succession certificate to appellant and the mother of deceased entitled them 1/2 shares each for all the service benefits - Trial Court held that appellant alone was entitled to succession certificate with regard to other properties - Mother and brother of deceased filed appeal - District Court modified the order of Trial Court to the extent that mother of deceased entitled to 1/2 share of other properties too - Revision filed by mother and brother of deceased before HC - Meanwhile, mother of deceased expired and she executed a Will in favour of 1st respondent, her another son - HC allowed the revision by holding that 1st respondent alone entitled to the General Provident Fund (GPF) as the mother of deceased was the nominee in the service records of deceased and all other items to be share by appellant and 1st respondent equally - Legality - Held, nominee entitled to receive the amount, however, amount received is to be distributed according to law of succession - Nomination does not confer any beneficial interest on nominee - Appellant and 1st respondent entitled 1/2 share of GPF - All other benefits of deceased received by the nominee to be distribute according to Hindu Succession Act, 1956 - Directed the bank to release half of the GPF amount to appellant - Appeal allowed |
