Mohammad Mushtaqeem v. The Zonal Manager Life Insurance Corporation Of India,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8361 of 2025 ====================================================== Mohammad Mushtaqeem, Son of Mohammad Muslim, Resident of VillageRupaspur 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 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 BarauniBranch, 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