If you die intestate (without leaving a WILL document), The Natural law of succession will prevail
The Court in present case once again had to decide between Morality and Law and settled that law prevails. The matter before the court was in relation to Relinquishment of Succession Right when Heirs have separated themselves from Deceased for a long time. The Court had to decide whether Absence of the Will still attracts Hindu Succession Act when Heirs had distanced themselves from the life of Deceased for more than 35 years. The situation became more complicated since deceased considered someone else as her nominee.
In the above-mentioned case, the facts are as follows:
- A woman was living separately from her Husband and Daughter from past 35 Years and died Intestate.
- From 35 years, the deceased was living with her sister.
- Deceased was a Central Government Employee and has selected her sister as her nominee.
- A succession Certificate issued in favor of Husband and Daughter of Deceased.
- Sister of Deceased appealed against the above order on the ground that Nomination marked her as the owner.
- Court relying on settled position of Nomination not amounting to Will stated that in absence of Will irrespective of relationship between deceased and heirs, the property still delves into legal heirs as per Hindu Succession Act in case of Intestate Deaths.
The court in this matter settled the following points
- Nomination does not itself amounts to a Will or marks nominee as an owner.
- Irrespective of the relation between Parties, provisions of Hindu Succession Act prevails in absence of Will.
The court in its opinion stated that the prevalence of law since distance does not amounts to Breakage of relationship and can even be there because of various other reasons as Employment. Moreover Nomination in Official Records sometime is done as a token of affection and love rather than with the purpose of making someone as a legal heir.
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