CHALLAMMA versus TILAGA & ORS.

CHALLAMMA versus TILAGA & ORS.

Presumption of valid marriage is justified where man and woman lived together for a long period and were accepted as husband and wife by society; nominee under insurance policy is not an heir and estate devolves by succession.

Parties
Appellant: Challamma; Respondent No.1: Tilaga; Respondent: Respondent No.2; Respondent: Respondent No.3
Jurisdiction
India
Judgment Date
31 July 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Validity of Marriage, Presumption of Marriage, Succession Certificate, Nominee Vs Heir Under Insurance Policy
Family Law Succession Law Insurance Law Evidence Law Validity of Marriage Presumption of Marriage Succession Certificate Nominee Vs Heir Under Insurance Policy

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Parties

Challamma

Appellant

Tilaga

Respondent No.1

Respondent No.2

Respondent

Respondent No.3

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether respondent no. 1 was legally married to the deceased
  2. 2 Whether presumption of valid marriage can be drawn
  3. 3 Whether nominee under insurance policy is equivalent to an heir

Ratio Decidendi

Presumption of valid marriage is justified where man and woman lived together for a long period and were accepted as husband and wife by society; nominee under insurance policy is not an heir and estate devolves by succession.

Court Disposition

Appeal dismissed

Orders

  • Appellant entitled to 1/4th share in the estate of deceased
  • Respondents granted succession certificate