Status of Plaintiff as Legal Heir dedared by both Courts below-No requirement to initiate Succession Certificate proceedings - Nomination in favour of father - mother declared as Ist class Legal Heir and entitled to receive amount.

2022 (3) CTC 73 (Mad)

(2022) 3 MLJ 29

IN THE HIGH COURT OF MADRAS

N. Anand Venkatesh, J.

S.A. No.1116 of 2013 & M.P. No.1 of 2013

Malliga vs Subramani and others

February 14, 2022

Life Insurance Claim- Hindu Succession Act, 1956 (30 of 1956), Section 8-Succession Certificate - Whether necessary, when Legal Heir status declared Held, not necessary Status of Plaintiff as Legal Heir dedared by both Courts below-No requirement to initiate Succession Certificate proceedings- Multiplicity of proceedings uncalled for- Plaintiff, mother of deceased being Class I Legal Heir, entitled to entire Insurance Policy amount to exclusion of Nominee Father, who is Class II Legal Heir-Dissolution of marriage does not affect status as Legal Heir-Sharing Policy amount with father of deceased left to good conscience of Plaintiff-Mother, to decide considering role played by Father in bringing up their son.