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MERELY BECAUSE THE MOTHER OF THE DECEASED’S NAME WAS MENTIONED AS NOMINEE, SHE IS NOT ENTITLED FOR THE TERMINAL BENEFITS OR THE SAID INSURANCE AMOUNT: TELANGANA HIGH COURT

 

The High Court of Telangana passed a judgment on   25 April, 2023 stating that Merely because the mother of the deceased’s name was mentioned as nominee, she is not entitled for the terminal benefits or the said insurance amount. It was stated in the case of    T.S. Mahalaxmi vs M. Ravindranath (CITY CIVIL COURT APPEAL No.60 of 2022) which was passed by the single judge bench comprising of HONOURABLE SMT. JUSTICE P.SREE SUDHA

 

FACTS OF THE CASE:

This City Civil Court Appeal is filed against the Judgment and decree dated 25.04.2022 in O.S.No.634 of 2013, passed by the learned III-Additional Chief Judge, City Civil Court, Hyderabad.O.S.No.634 of 2013 was filed by the plaintiff No.1/husband along with plaintiff No.2/son against the Banks in which his wife Veena Kumari has taken loans and also against the mother of Veena Kumari i.e, defendant No.3 and after her death her legal representatives brought on record i.e, defendants No.4 to 6.

 

JUDGEMENT OF THE CASE

Plaintiffs filed suit for declaration to declare them as legal heirs of Veena Kumari. There is no dispute regarding the fact that plaintiff No.1 is the husband and plaintiff No.2 is the son of Veena Kumari, as such the trial Court considering the evidence on record rightly decreed the Suit in their favour and declared them as legal heirs and successors of Veena Kumari and also held that they shall inherit all the assets and liabilities shown under the suit schedule property. This Court finds no infirmity in the Judgment of the trial Court and it needs no interference. In the result, the appeal is dismissed confirming the Judgment and decree dated 25.04.2022 in O.S.No.634 of 2013, passed by the learned III-Additional Chief Judge, City Civil Court, Hyderabad. There shall be no order as to costs.

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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.

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