Rajwati Tyagi v. State of U.P & Anr.
Case at a glance
Provisions considered
Key paragraphs
- Para 33. Court is of the view that reasons assigned in impugned order are contrary to a judgment of Supreme Court in Shipra Sengupta vs. Mridul Sengupta and others, (2009) 10 SCC 680 wherein it has been held as follows :- 16. Learned counsel for the…
- Para 44. Considering contents of the impugned order as well as taking note of Shipra Sengupta (supra), this writ petition is disposed of by directing that matter is remitted back to concerned respondents to decide the same afresh in the light of judgment as referred above…
Judgment
Heard Sri Ayan Mishra, learned counsel for petitioner and Rahul Agarwal, learned counsel for respondents.
Court is of the view that reasons assigned in impugned order are contrary to a judgment of Supreme Court in Shipra Sengupta vs. Mridul Sengupta and others, (2009) 10 SCC 680 wherein it has been held as follows :-
16. Learned counsel for the appellant also placed reliance on a Division Bench judgment of the Delhi High Court in Ashok Chand Aggarwala v. Delhi Admn. [(1998) 7 AD 639 (Del)] This case related to the Delhi Cooperative Societies Act. The High Court while following Sarbati Devi case [(1984) 1 SCC 424 : 1984 SCC (Tax) 59] held that it is well settled that mere nomination made in favour of a particular person does not have the effect of conferring on the nominee any beneficial interest in property after the death of the person concerned. The nomination indicates the hand which is authorised to receive the amount or manage the property. The property or the amount, as the case may be, can be claimed by the heirs of the deceased, in accordance with the law of succession governing them.
Considering contents of the impugned order as well as taking note of Shipra Sengupta (supra), this writ petition is disposed of by directing that matter is remitted back to concerned respondents to decide the same afresh in the light of judgment as referred above as well as hierarchy of legal heirs of family of deceased and a reasoned decision be taken within a short period. Order Date :- 8.7.2025 N. Sinha NIRMAL SINHA High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Delhi Cooperative Societies Act.
Which court decided this case, and when?
Allahabad High Court, on 08 Jul 2025. The bench was SAURABH SHYAM SHAMSHERY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.