Nomination Doesn’t Amount To Will In Law: Delhi HC .
Tuesday, April 25, 2017 IST
Nomination Doesn’t Amount To Will In Law: Delhi HC .
The Delhi High Court, in the case of Rampali vs The State Govt of NCT of Delhi, has reiterated that nomination is not a Will in law and in the absence of any Will, only legal heirs (as per the Hindu Succession Act) shall be entitled to inherit the property of the deceased.
In the present case, an appeal was filed to revoke the trial court’s order of dismissal of Rampali’s (deceased’s sister) succession certificate.
Justice Valmiki J Mehta noted that the trial court had rightly awarded the succession certificate to the husband and daughter of Kamla Devi (the deceased), who were her legal heirs according to the Hindu Succession Act. The revocation was prayed for on the grounds that Kamla Devi had not been residing with her husband and daughter for over 35 years and that Rampali was shown to be her nominee in her government employment records.
The opinion of the trial court noting that the revocation was right in light of Section 15(1)(a) of the Hindu Succession Act, was upheld by the high court. The court also noted that nomination does not grant ownership rights upon the nominee.
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