Paikus Oraon vs Smt. Nauri Orain
2021 Latest Caselaw 4797 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             M.A. No. 143 of 2017
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          Paikus Oraon                                                   ...Appellant(s).
                                  Versus
          1. Smt. Nauri Orain
          2. Beena Kumari
          3. Smt. Phulo Orain
          4. Miss Anuma Kumari
          5. Miss. Koushalya Kumari
          6. Miss Kiran Kumari

7. Life Insurance Corporation of India, Khelari Branch, Ranchi

8. Life Insurance Corporation of India, Branch No. 1, Radhey Shyam Garage Lane Ranchi

9. All concerned General people and specific people of village Rani Chancho, Sosai, Ranchi

10. All concerned General People of K.D. Old Siding, Chadra Dhawra, Khelari ... Respondent(s) CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Appellant(s) : Mr. Arvind Kr. Lall, Advocate.

For the Respondent :

05/14.12.2021: The appellant has challenged the Judgment dated 24th November, 2016 passed in Succession Case No. 128 of 2010 whereby the prayer to grant succession certificate in favour of the appellant has been dismissed.

The appellant is the father of Karma Oraon. The Karma Oraon died on 14.10.2007. Said Karma Oraon was holding some policies issued by Life Insurance Corporation of India. These policies are subject matter of the claim made by the appellant. Karma Oraon died leaving behind two widows and four daughters and the appellant who is the father. The father claim that the entire amount should be paid to him on the ground that the issue is covered by the customary laws of the Tribals. As per the customary laws of Oraons, the female do not inherit any property. The Additional Judicial Commissioner VI, Ranchi has considered the claim and after recording the evidence, the Court found that the amount covered under the LIC policy were not even in existence. The learned Judge found that one policy got lapsed and the other four matured and the maturity amount was already handed over to the person who was nominated in the policy, to receive the same.

Part X of the Indian Succession Act of 1925 deals with succession certificate. In terms of Section 370, succession certificate can be issued for securities. 370 (2) of the Act defines securities and which are as follows.

370 (1).............

(2) For the purposes of this Part "security" means-

(a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;

(b) any bond, debenture, or annuity charged by Act or Parliament [of the United Kingdom] on the revenues of India;

(c) any stock or debenture of, or share in, a company or other incorporated institution;

(d) any debenture or other security for money issued by, or on behalf of, a local authority;

(e) any other security which the [State Government] may, by notification in the Official Gazette, declare to be security for the purposes of this Part.

From the admitted facts narrated above, I find that on the date of filing of the application there was no security in terms of Section 370 (2) for which succession certificate could have been issued as the LIC policy have already matured and value of such policies were handed over to the nominees.

Considering the aforesaid fact the court below has rightly dismissed the succession certificate case holding the same as not maintainable. I find no ground to interfere with the said finding. This appeal is thus dismissed.

Rajnish/c,p. 2                                                      (ANANDA SEN, J.)