ARUN KUMAR SINGH Vs. JAYA

JUDGEMENT

(1.) This revision has been preferred by petitioner/respondent no.8 against the order dtd. 2/12/2020 passed by 3rd ADJ, Bhopal in M.C.A.No.48/2019 whereby order passed by 5th Civil Judge Class-I, Bhopal in M.J.C. Succession Case No.74/17 on 27/4/2019 was affirmed.

(2.) Facts of the case are that the petitioner is the father of late Shri Chetan Singh Chouhan who died on 17/5/2017. He was employed on the post of Manager in Kotak Mahendra Old Mutual Life Insurance Ltd., Bhopal. He had purchased life insurance policy and nominated his father's name. As per the amended provisions of year 2015 in Insurance (Amended) Act, 2015, the concept of Beneficial Nominee was introduced under Sec. 39(7). It was alleged that as per the amendment, the parents, spouse and children have been put under the heading of "Beneficial Nominee". The policy taken by deceased son of petitioner is governed by the aforesaid provisions.

(3.) It is further alleged by the petitioner that alongwith his deceased son, he had jointly applied for house loan valued about Rs.9,50,000.00. The bank passed it in their favour for Rs.8,50,000.00. The petitioner continued to repay all the installments. Deceased did not pay any EMI nor made any investment in the loan repaid so far. After his death, his wife filed false complaints at various forums to victimize him and his family so that they may give up their clams in respect of house jointly purchased by the petitioner and his son. After the death of his son, his wife respondent no.1 sent a letter to Kotak Life Insurance Company to release of amount of death benefit under the policy No. ED000120NTR000419 which was declined on the grounds that the petitioner is the sole nominee. Then respondent no.1 has filed an application under Sec. 372 of Indian Succession Act, 1925 to issue a succession certificate in her favour which was partly allowed by the trial Court then the petitioner preferred miscellaneous civil appeal No.48/2019.