CMA-1368/2008-Smt. Manju Devi & Anr. Vs. State of Rajasthan & Ors. Judgment dt.9.7.09 1/4 S.B. CIVIL MISC. APPEAL NO.1368/2008 Smt. Manju Devi & Anr. Vs. State of Rajasthan & Ors. Date of order : 9th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.S. Choudhary for the appellant. Mr. Avinash Acharya) for the respondents. Mr. Papu Sangwa ) ------- 1. This appeal is directed against the order dated 25.7.2008 passed by the learned District Judge, Bikaner on an application under Section 372 of the Indian Succession Act for obtaining succession certificate. The applicants are wife and son of the deceased Hari Kishan whereas the respondents No.2 Bhanwari Devi and Arjun Ram are parents of the deceased Hari Kishan. 2. The limited point for which this present appeal is pressed by the learned counsel for the appellant is that the condition No.(b) imposed in para No.18 of the impugned order that the amount of life insurance policy may be released by the Life Insurance Corporation CMA-1368/2008-Smt. Manju Devi & Anr. Vs. State of Rajasthan & Ors. Judgment dt.9.7.09 2/4 upon furnishing a solvent security to the extent of 2/3rd of the value of the said policy by the respondent No.3 Bhanwari Devi may be modified as she has failed to furnish the said solvent security to the extent of 2/3rd amount and in absence of the same the amount in question has not been released by the Life Insurance Corporation. 3. Both the counsels appearing in the matter agree to the said modification to the extent that instead of respondent No.3, Bhanwari Devi, the mother of the deceased Hari Kishan whose life insurance policy has to be paid, the present appellant Smt. Manju Devi and Aniket, son of the said deceased Hari Kishan, would furnish the solvent security to the extent of 2/3rd of the maturity value of the said insurance policy in question. Upon furnishing the said solvent security by the present appellants, the wife and son of the deceased Hari Kishan, the respondent Life Insurance Corporation may release the amount of the said insurance policy in accordance with the share specified by the learned court below, namely, 1/3rd in favour of the appellant No.1, Smt. Mangu Devi, 1/3rd in favur of Aniket son of Hari Kishan and 1/3rd in favour of respondent No.3, Smt. Bhanwari CMA-1368/2008-Smt. Manju Devi & Anr. Vs. State of Rajasthan & Ors. Judgment dt.9.7.09 3/4 Devi. The courts below have not given any share in the award in favour of the respondent No.4, Arjun Ram, the father of the deceased. It appears that the dispute arises because in the life insurance policy the nominee was the mother of the deceased insured as he was unmarried at the time of taking the life insurance policy whereas after her marriage according to the provisions of Hindu Succession Act, 1956, his wife and son also became eligible to receive the share of the amount of the life insurance policy. The shares are already determined by the court below and it is only condition No.(B) which is causing the practical difficulty in disbursement of the maturity value of the life insurance policy as the mother Smt. Bhanwari Devi failed to produce solvent security to the extent of 2/3rd of the maturity value of the policy. The prayer of the learned counsel for the appellant appears to be genuine and same is not opposed by the learned counsels and rightly so. 4. In view of this, the present appeal is allowed to the extent that prayer for condition No.(B) in the impugned judgment dated 25.7.2008 is modified to the extent that instead of respondent No.3 – CMA-1368/2008-Smt. Manju Devi & Anr. Vs. State of Rajasthan & Ors. Judgment dt.9.7.09 4/4 Smt. Bhawari Devi, the present appellant namely Smt. Manju Devi wife of Shr i Hari Kishan and Aniket, son of late Shri Hari Kishan will furnish solvent security to the extent of Rs.2/3rd of the maturity value of policy and upon furnishing the solvent security, the amount may be released by the Life Insurance Corporation, respondent No.4, 5 and 6 in favour of three legal heirs of the deceased Hari Kishan in accordance with the impugned judgment in their 1/3rd respective shares. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.36 babulal/