Wife’s Right as Class-I Heir Prevails Over Nomination: Orissa High Court

Wife’s Right as Class-I Heir Prevails Over Nomination: Orissa High Court

Reaffirming the primacy of succession laws, the Orissa High Court has held that a wife, being a Class-I heir under Section 8 of the Hindu Succession Act, has the first right over her deceased husband’s estate, overriding any banking or insurance nomination in favour of other family members.

Relying on the Supreme Court’s decision in Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), the Court clarified that a nomination only authorises receipt of money and does not confer ownership or override statutory succession.

Accordingly, the Court directed Canara Bank to release the remaining terminal benefits to the widow, holding that lawful heirs cannot be deprived of their rights through nominations.

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