Interest Act, 1978  - Section 39

Effect of nomination - Death of person leaving behind mother wife and two children - Deceased nominated his mother as beneficiary - Held, nomination only indicated the hand which was authorised to receive the amount on payment of which insurer got a valid discharge of its liability under the policy - A nominee cannot be treated as being equivalent to an heir or legatee - Mother being one of the heirs and legal representative of deceased entitled to one fourth share in the estate of deceased.

The Hindu Marriage Act, 1955  - Section 5 , The Indian Evidence Act, 1872  - Section 114

Succession - Wife applying for grant of succession certificate on death of her husband - Mother of husband objecting ground that deceased was not married at all - Wife filed large number of documents including photographs showing performance of marriage ceremony to prove her marriage - Deceased and his wife residing together in one quarter for more than 3 years - Society also accepted them as husband and wife - Held, a long co-habitation and acceptance of society of a man and woman as husband and wife sufficient to establish valid marriage - Presumption of valid marriage can be drawn - Wife entitled to file application for grant of succession certificate.

Topic(s)-Effect of nomination

Important Decision(s)- 

• Effect of nomination - Nomination only indicated the hand which was authorised to receive the amount.
• A nominee cannot be treated as being equivalent to an heir or legatee - Mother being one of the heirs and legal representative of deceased.