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R. Srinivasa Chariar Vs. S.P. Ranganayaki Ammal - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.991
AppellantR. Srinivasa Chariar
RespondentS.P. Ranganayaki Ammal
Excerpt:
succession certificate act (vii of 1889,), section 4(1)(a) - money due from insurance company after death of insured person--succession certificate, whether necessary. - 1. the application for a succession certificate was misconceived, as the insurance company was not the debtor of the deceased mr. s.p. rangachary in respect of this sum of rs. 5,000 and as the applicant (the widow) was not 'entitled' to that sum as part 'of the effects of the deceased person' [succession certificate act, section 4(1)(a)] the said sum did not 'form part of the deceased's estate' (section 6 of married womens' property act). the applicant was the beneficiary who became entitled to the beneficial interest in this sum on her husband's death.2. the appeal is, therefore, allowed and the application for a succession certificate will be dismissed. there will be no order as to costs under the circumstances.
Judgment:

1. The application for a succession certificate was misconceived, as the Insurance Company was not the debtor of the deceased Mr. S.P. Rangachary in respect of this sum of Rs. 5,000 and as the applicant (the widow) was not 'entitled' to that sum as part 'of the effects of the deceased person' [Succession Certificate Act, Section 4(1)(a)] the said sum did not 'form part of the deceased's estate' (section 6 of Married Womens' Property Act). The applicant was the beneficiary who became entitled to the beneficial interest in this sum on her husband's death.

2. The appeal is, therefore, allowed and the application for a succession certificate will be dismissed. There will be no order as to costs under the circumstances.


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