Debts of C.Saradha Vs
Case brief
What is this about?
The High Court granted a succession certificate to the adopted daughter of a deceased government clerk to enable collection of terminal benefits, finding her claim duly proved based on adoption deed and supporting documents.
What did the court decide?
Succession Certificate issued in favour of the petitioner to enable her to collect the debts of the deceased and to receive the interest specified in the Schedule.
What the court decided
1
ORIGINAL PETITION No.181 of 2014
R.SUBBIAH, J. ,
This petition has been filed under Section 372 of Indian Succession Act read with Order XXV Rule 6 of Original Side Rules, to grant a succession certificate in favour of the petitioner.
2.The case in brief is as follows:- One Mrs.C.Saradha died intestate on 12.09.2010 at Chennai, leaving behind the petitioner as her only legal heir. The deceased C.Saradha was working as a clerk in Corporation of Chennai, Division-32, Zone-II. The deceased C.Saradha was ordinarily residing at No.15, Pillaiyar Koil Street, Chozhipalayam, Solavaram, Chennai. The petitioner is the adopted daughter of the deceased C.Saradha, who died instate. The husband of the deceased Mrs.C.Saradha predeceased her. The petitioner herein is entitled to the terminal benefits from Corporation of Chennai. The succession certificate is required by the petitioner for the purpose of withdrawing the amount of terminal benefits from the Corporation of Chennai. The assets, in respect of which the Succession Certificate is required, are of the value of Rs.3,39,413/-.
3.The petitioner examined herself as P.W.1 and she reiterated the averments made in the petition. The petitioner/P.W.1 has filed the following documents as Ex.P.1 to Ex.P.7:-
2
| Ex.P.1 | Original registered adoption deed dated 5.09.2008 |
|---|---|
| Ex.P.2 | Original ID Card of the deceased C.Saradha issued by the Corporation of Chennai. |
| Ex.P.3 | Original Death Certificate of Mrs.C.Saradha |
| Ex.P.4 | Original Legal Heirship Certificate dated 04.01.2013 in respect of deceased C.Saradha |
| Ex.P.5 | Original Letter dated 28.02.2012 sent by the Assistant Engineer to the petitioner with regard to the terminal benefits of Mrs.C.Saradha |
| Ex.P.6 | Photocopy of the family card bearing No.04/G/0331072 in respect of Mrs.C.Saradha |
| Ex.P.7 | Copy of the paper publication effected in one issue of Tamil daily Makkal Kural dated 08.06.2014 |
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to a succession certificate to collect terminal benefits of the deceased adoptive mother.
Whether the registered adoption deed and other documents establish the petitioner's claim as the sole legal heir.
Parties & counsel
- petitioner
R.SUBBIAH
Coram
R.SUBBIAH
Case details
As recorded by the court registry
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