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december 1983

Supreme Court of India · 1983-12-06

SMT. SARABATI DEVI & ANR. vs SMT. USHA DEVI

Citation / case number
SC 1972/60436
Court
Supreme Court of India
Petitioner
SMT. SARABATI DEVI & ANR.
Respondent
SMT. USHA DEVI
Bench
VENKATARAMIAH, E.S. (J)

Judgment text excerpt

The Supreme Court held that a mere nomination under Section 39 of the Insurance Act, 1938 does not confer beneficial interest in the insurance amount to the nominee upon the assured's intestate death. The nominee is merely authorized to receive the amount, which remains part of the deceased's estate and is subject to the law of succession. The Court overruled previous decisions that equated a nominee with an heir, clarifying that the nomination does not alter the course of succession under law.

SMT. SARABATI DEVI & ANR. vs SMT. USHA DEVI · Niyam