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Issues Involved:
1. Whether the money payable under the insurance policy formed part of the assets of the deceased's estate. 2. Whether the widow had any rights to the insurance policy proceeds. 3. Applicability of the Married Women's Property Act, 1874. 4. Whether the execution creditors could attach the insurance policy proceeds. Issue-Wise Detailed Analysis: 1. Whether the money payable under the insurance policy formed part of the assets of the deceased's estate: The main contention by the defendants was that the money payable under the insurance policy (policy No. 4667) issued by the Hindustan Cooperative Insurance Society Limited formed part of the assets of the deceased's estate, and the widow had no rights therein. The Court analyzed the material words of the policy, which stated that the insurance society would pay the sum assured to Srimati Pramila Bala Dassi, the widow of the insured, upon proof of the insured's death. The Court observed that if the widow was entitled to enforce her claim against the Insurance Society, the money due under the policy belonged to her and did not form part of the assets of the estate of the deceased. The Court referred to English law principles, noting that unless there was a trust created in favor of the third person, the third person could not sue on the contract. The Court concluded that the money due under the policy did not form part of the assets of the deceased's estate. 2. Whether the widow had any rights to the insurance policy proceeds: The plaintiff (widow) claimed the amount of the policy after the death of the insured, and the Insurance Society was about to make the payment to her. However, the defendants, who had obtained decrees against the deceased's sons, attached the amount payable under the policy in execution of their decrees. The Court noted that under English law, the wife, as a nominee, was no party to the contract between the deceased and the Insurance Society and could not sue on the contract unless a trust was created in her favor. The Court cited the case of Fletcher v. Fletcher, where it was held that a trust created in favor of a third person allowed that person to sue. However, the Court found no such trust in the present case and held that the widow was not entitled to enforce the claim arising under the policy. 3. Applicability of the Married Women's Property Act, 1874: The plaintiff contended that the Married Women's Property Act, 1874, applied to the case, creating a trust in her favor. The Court referred to the case of Eshani Dasi v. Gopal Chandra Dey, where it was held that the Married Women's Property Act did not apply to such cases. The Court agreed with this precedent and concluded that the plaintiff could not invoke the provisions of Section 6 of the Act. Consequently, the second contention urged on behalf of the respondent was negatived. 4. Whether the execution creditors could attach the insurance policy proceeds: The plaintiff argued that under the Civil Procedure Code, the execution creditors were not entitled to attach the amount of the policy in execution of their decrees. However, the Court found this contention devoid of substance, stating that there was nothing in Section 60 of the Civil Procedure Code that could prevent the creditors of the sons of the deceased from attaching the money payable under the policy. Thus, the third contention was also negatived. Conclusion: The Court allowed the appeal with costs, holding that the money due under the insurance policy did not form part of the assets of the deceased's estate and that the widow had no rights to the insurance policy proceeds. The execution creditors were entitled to attach the policy amount. The judgments of the lower courts were overturned, and the defendants were awarded costs in the courts below.
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