Patna High Court
Mohammad MushtaqeemversusThe Zonal Manager Life Insurance Corporation of India,
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court held that the petitioner must first clarify the nominee issue and, if necessary, obtain a succession certificate before any benefit can be released.
Summary
The petitioner, Mohammad Mushtaqeem, filed a writ petition seeking the entire benefit of a Life Insurance Corporation (LIC) policy (No. 47418) purchased by his father in 1992. The respondent LIC officials raised doubts about the identity and death of the nominee, MS Khana, and requested clarification, noting that the petitioner’s mother Bibi Dhupo had also died. They indicated that without clarification of the nominee’s status and a succession certificate, the claim could not be processed. The court directed the petitioner to clarify the nominee’s identity and, if the nominee is deceased, to obtain a succession certificate from a competent civil court. Upon compliance, the authority may proceed with disbursement. The writ petition was consequently disposed of.
Issues considered
- Whether the petitioner is entitled to the entire benefit of the LIC policy in the absence of a clear nominee.
- Whether a succession certificate is required for claim payment when the nominee is deceased or unidentifiable.
Subjects
- life insurance
- policy benefit
- nominee clarification
- succession certificate
- writ petition
- claim payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8361 of 2025
======================================================
Mohammad Mushtaqeem, Son of Mohammad Muslim, Resident of Village-
Rupaspur Sabaura, P.S.- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1. The Zonal Manager Life Insurance Corporation of India, East Central Zone
Office, Jeevan Deep Building, Exhibition Road, Patna.
2. The Manager Finance and Accounts Life Insurance Corporation Divisional
Office, Begusarai, Vishnu Cinema Campus Deep Shikha Road, Begusarai.
3. The Branch Manager Life Insurance Corporation Barauni, P.S- Barauni,
District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate.
For the Respondent/s : Mr. Raj Dular Sah, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 04-02-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“(i) For direction upon the
respondents to extend the entire benefit to
the petitioner in lieu of Policy No. 47418
purchased by the father of the petitioner
on 01.06.1992 in the Life Insurance
Corporation Branch Office Barauni,
District-Begusarai.
(ii) For declaration that the
petitioner is entitled to the entire benefit
of the Policy No. 47418 purchased by the
petitioner’s father int eh year 01.06.1992
in Life Insurance Corporation Barauni-
Branch, District-Begusaria.”
Patna High Court CWJC No.8361 of 2025(5) dt.04-02-2026
2/3
3. In the counter-affidavit filed by the Respondent
Nos. 1 to 3, at para 12 and 13, it is stated as under:-
“12. That the statement made in
paragraph-6 is partly denied and under reply
it is stated and submitted that the petitioner
has intimated that the petitioner’s mother Bibi
Dhupo also died (No death certificate
attached) where as MS Khana is mentioned in
LIC record as spouse and nominee in the
policy No. 47418 but the answering
respondent has not received any information
of demise of MS Khana. In this connection
some important clarification is necessary for
proceeding further:-
(a) It is necessary to correlate the name
of Nominee “MS Khana” and Bibi
Dhupa”.
(b) In case of death of nominee, the title
is open and succession certificate is
necessary for payment of return of
capital and other benefits of payable.
13. That the statement made in
paragraph -7 is denied and under reply it is
stated and submitted that in absence of
clarification of Nominee and her demise and
succession certificate, it is not possible for the
answering respondents to proceed for any
kinds of claim payment.”
4. Having regard to the above, the present writ
petition is disposed of directing the petitioner to clarify the
queries raised by the Respondent-Corporation at the earliest and
if any such clarification is issued, the authority shall take
necessary action. In case, the authority is of the opinion that the
Succession Certificate from a competent Civil Court has to be
Patna High Court CWJC No.8361 of 2025(5) dt.04-02-2026
3/3
furnished for processing the claim of the petitioner, the same
shall be communicated to the petitioner herein and in such case,
the petitioner shall be obligated to get a Succession Certificate
from the competent Civil Court and present the same before the
authority for disbursement of the annuity.
5. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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