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1 - 4 of 4 (0.16 seconds)Arun Kumar Singh vs Smt. Jaya Singh on 22 September, 2022
In the judgement
cited by the Appellant i.e., Arun Kumar Singh vs Jaya Singh and Ors Civil
Revision No 38/2021, the Hon'ble High Court of Madhya Pradesh had observed
that the legal heir i.e., the wife of the deceased policy holder had filed an
application to issue a Succession Certificate u/s 372 of the Indian Succession
Act, 1925 which was partly allowed in her favour by the trial court whereas in the
present instance no such communication has been made to the Commission by
the Appellant. In view of the above, the Commission is not inclined to further
intervene in the instant matter. The jurisdiction of the Commission is only limited
to ascertaining if disclosure of information is permissible as per the provisions of
the RTI Act, 2005 hence the Appellant is advised to approach an appropriate
forum for redressal of her grievance and declaring her as a legal heir.
Smt. Sarabati Devi & Anr vs Smt. Usha Devi on 6 December, 1983
The Appellant's representative Shri Maneesh Kumar participated in the hearing
through video conference. He stated that Smt Anita Dwivedi, a GAIL employee was
the maternal aunt of the Appellant who is a class II legal heir after the demise of
Smt Anita Dwivedi who had died intestate. The Appellant had requested for
crucial information regarding the employment and other benefits granted to Smt
Anita Dwivedi during her course of employment with GAIL. However,
unfortunately the information was denied in a mechanical manner despite
submission of specific annexures showing the family tree. The Appellant has a
strong apprehension that the assets of the deceased aunt for which she is seeking
information could be sold/ diverted, depriving her of her rights, title and interest
in the property. During the hearing, the Appellant relied on the judgements of the
Hon'ble Supreme Court in Sarbati Devi vs Usha Devi, 1984 SCR (1) 992 decided
on 06.12.1983 and the Hon'ble High Court of Madhya Pradesh in Arun Kumar
Singh vs Jaya Singh and Ors Civil Revision No 38/2021 wherein it was held that
a nominee is only a trustee of the property and is liable to hand it over to the legal
heirs and that nomination would not confer beneficial interest and it is a mere
authorisation to claim the amount which can be claimed by the legal heirs in
accordance with law of succession. Shri Maneesh Kumar also relied upon a
Surviving Member Certificate No 90660000040184 issued by the District
Magistrate, Mayur Vihar, East District, Delhi wherein the names of the Appellant
along with Smt Ritu Ranganathan; Smt Shruti Dwivedi; Shri Akshay Dwivedi and
Shri Rakesh Dwivedi were listed as a legal heir of Smt Aruna Dwivedi, D/o H P
Dwivedi. The father's name in the death certificate of Smt Anita Dwivedi was also
listed as Shri Harihar Prasad Dwivedi which established that Smt Aruna Dwivedi
(mother of Appellant) and Smt Anita Dwivedi (deceased employee of GAIL) were
biological sisters.
Section 372 in The Indian Succession Act, 1925 [Entire Act]
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