Supreme Court of India · 2020-03-04
Tulsa Devi Nirola vs Radha Nirola
- Citation / case number
- AIRONLINE 2020 SC 338
- Court
- Supreme Court of India
- Petitioner
- Tulsa Devi Nirola
- Respondent
- Radha Nirola
- Author
- Navin Sinha
- Bench
- Navin Sinha, Ashok Bhushan
Judgment text excerpt
The Supreme Court addressed the denial of a succession certificate under Section 372 of the Indian Succession Act, 1925, affirming the lower courts' decisions based on a settlement deed executed by the deceased. The Court held that the family pension is not part of the estate and cannot be claimed by the first wife, as the deceased had nominated the second wife alone for the pension under Rule 38 of the Sikkim Services (Pension) Rules, 1990. The Court clarified that the second marriage, although void under the Sikkim Rules, did not invalidate the deceased's nomination, thus upholding the denial of family pension to the first wife.