Keshav Gunderao Deshpande vs Bhaskar Abasaheb Deshpande And Others on 27 March, 2019
17. Learned counsel for the appellant has placed
reliance on Cedric X. Pinheiro Vs. Smt. Josefina
Remedios (1998 91 CompCas 99 Bom). However, this
authority is distinguishable on facts that the fixed
deposit receipt was payable to either or survivor . So
also, in that case, will was executed by principal
holder of the said fixed deposit receipt on 1 st December,
1976. However in the case at hand, fix deposit receipt
makes it clear that the deposited amount was payable
only to Kishanrao Deshpande. So also, he did not
execute will issuing instructions regarding disbursement
of fix deposit amount. Therefore, after his death, the
fixed deposit amount can be disbursed only in accordance
with succession certificate.