Wife’s Succession Rights Trump Bank Nominee: Orissa High Court Reaffirms Primacy of Hindu Succession Law
Introduction Reinforcing the settled legal position that nomination does not override succession , the Orissa High Court has ruled that a legally wedded wife, being a Class-I heir under the Hindu Succession Act, 1956 , has a superior right over her deceased husband’s estate, irrespective of any nomination made in favour of other family members with banks or insurance companies. The judgment underscores that banking and insurance nominations are merely facilitative arrangements and do not constitute a separate or superior mode of inheritance. Factual Background of the Case The case arose from a dispute concerning the terminal benefits of Subhransu Mohanty , an employee of Canara Bank , who died on 18 September 2023 . At the time of his death: He was married to Snigdha Patnaik (married in 2014) The couple had a daughter Divorce proceedings initiated by Mohanty were still pending No decree of divorce had been passed, and the marriage subsisted in law Upon his death, the bank assessed h...