SHIPRA SENGUPTA versus MRIDUL SENGUPTA & OTHERS
Nomination does not confer beneficial interest on nominee; the provident fund amount must be distributed according to the law of succession governing the deceased: in this case, between widow and mother, each entitled to half, and upon mother's death, her half devolves according to valid succession or Will.
- Parties
- Appellant: Shipra Sengupta; Respondent: Mridul Sengupta; Respondent: Pushpal Sengupta
- Jurisdiction
- India
- Judgment Date
- 20 August 2009
- Procedural Posture
- Civil Appeal / Appeal Against High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Provident Fund Nomination, Law of Succession, Beneficial Interest in Nominee
Case Brief
Summary, issues, holding and outcome
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Parties
Shipra Sengupta
Appellant
Mridul Sengupta
Respondent
Pushpal Sengupta
Respondent
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Legal Issues
- 1 Whether nomination under Provident Fund Act confers beneficial interest on the nominee
- 2 Whether nominee's right excludes rightful heirs under law of succession
- 3 Distribution of provident fund under Hindu Succession Act, 1956
Ratio Decidendi
Nomination does not confer beneficial interest on nominee; the provident fund amount must be distributed according to the law of succession governing the deceased: in this case, between widow and mother, each entitled to half, and upon mother's death, her half devolves according to valid succession or Will.
Court Disposition
Appeal allowed
Orders
- State Bank of India directed to release half of the amount of general provident fund to appellant along with interest within two months.
- Parties to bear their own costs.
Full Case Text
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