Petitioner sought Letters of Administration for a deceased man's estate claiming to be his foster son, relying on nomination forms and bank records. The court held nominations are not proof of adoption or foster status and dismissed the petition.
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O.P.No.76 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on :13.12.2024
Pronounced on :17.12.2024
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
ORIGINAL PETITION NO.76 OF 2024
L.Kirubakaran
.. Petitioner
/versus/
1.Jaikumar
.. Respondents
Prayer: Original Petition filed under Sections 218 and 278 of the Indian Succession Act, 1925 read with Order XXV, Rule 5 of O.S. Rules, praying that Letters of Administration without the Will may be granted to the petitioner as his foster son of the Estate properties of the deceased David Karunakaran to having effect limited to the State of Tamil Nady may be granted to him.
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For Petitioner :Mr.D.Babu For Respondents :No Appearance ----- ORDER
O.P.No.76 of 2024
The petition is filed to grant Letters of Administration for the assets of Late David Karunakaran. According to the petitioner, Late David Karunakaran married one Nithyakalyani and they had no issues. Under Christian Law, adoption not acknowledged. Hence, they took the petitioner as foster son and treated him as their own son. In the service records of Nithyakalyani, the petitioner is shown as her adopted son. In her bank accounts and fixed deposit, he is shown as nominee. During the life time David Karunakaran purchased properties morefully described in the schedule to the petition. David Karunakaran died intestate on 05.05.2021. Nityakalyani died intestate on 06.08.2022. As foster son the petitioner claims grant of Letters of Administration in respect of the assets of Late David Karunakaran.
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O.P.No.76 of 2024
| Ex.P1 | Computer generated death certificate of Mr.M.David Karunakaran |
|---|---|
| Ex.P2 | Computer generated legal heir ship certificate of Mr.M.David Karunakaran. |
| Ex.P3 | Computer generated death certificate of Mrs.Nithya Kalyani |
| Ex.P4 | Photocopy of the nomination form of Mrs.V.Nithyakalyani in New Health Insurance Scheme. |
| Ex.P5 | Photocopy of the nomination registration application form nominating PW-1 as the nominee dated 24.07.2021 in State Bank of India addressed to Mrs.V.Nithyakalyani |
| Ex.P6 | Photocopy of the receipt for burial fee dated 09.09.2022 for Mrs.D.Nithyakalyani |
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Ex.P7
O.P.No.76 of 2024
| Ex.P7 | Photocopy of the application form for opening of an account under senior citizen savings scheme in State Bank of India of Mr.V.Nithyakalyani. |
|---|---|
| Ex.P8 | Computer generated account statement for the period 01.04.2022 to 23.09.2022 standing in the name of Mrs.V.Nithyakalyani in State Bank of India bearing A/c No.00000010186559574. |
| Ex.P9 | Photocopy of the statement of account standing in the name of Mr.Kirubakaran in State Bank of India bearing A/c No.39628634302. |
| Ex.P10 | Photocopy of the New Health Insurance Scheme Card issued by Government of Tamil Nadu standing in the name of Mrs.V.Nithyakalyani. |
| Ex.P11 | Computer generated encumbrance certificate dated 03.10.2022 for the period 01.01.1998 to 27.09.2022 of the schedule A property mentioned in the petition. |
| Ex.P12 | Computer generated encumbrance certificate dated 01.10.2022 for the period 01.01.1999 to 27.09.2022 of the schedule B property mentioned in the petition. |
| Ex.P13 | Photocopy of PW-1 Aadhaar Card |
| Ex.P14 | Photocopy of the sale deed dated 22.01.1998 executed in favour of Mr.David Karunakaran. |
| Ex.P15 | Photocopy of the sale deed dated 15.09.1999 executed in favour of Mr.M.David Karunakaran. |
| Ex.P16 | Online printout of guideline value of the schedule A property mentioned in the petition. |
| Ex.P17 | Onine printout of guideline value of the schedule B property mentioned in the petition. |
| Ex.P18 | Certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P19 | Affidavit of assets showing the net value of the estate as Rs.15,00,000/-. |
| Ex.P20 | Copy of the paper publication effected in one issue of Tamil daily |
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Ex.P21
O.P.No.76 of 2024
“Makkal Kural” dated 12.07.2024.
| Ex.P21 | Copy of the paper publication effected in one issue of English |
|---|---|
| daily “Trinity Mirror” dated 19.07.2024. | |
| Ex.P22 | Photocopy of the application form for nomination facility in |
| respect of settlement claim for Mrs.Nithyakalyani given to State Bank of India. |
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O.P.No.76 of 2024
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O.P.No.76 of 2024
17.12.2024
Index:yes/no ari Petitioners' witness:-
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O.P.No.76 of 2024
PW-1: Mr.L.Kirubakaran
Documents marked:-
| Ex.P1 | Computer generated death certificate of Mr.M.David Karunakaran |
|---|---|
| Ex.P2 | Computer generated legal heir ship certificate of Mr.M.David Karunakaran. |
| Ex.P3 | Computer generated death certificate of Mrs.Nithya Kalyani |
| Ex.P4 | Photocopy of the nomination form of Mrs.V.Nithyakalyani in New Health Insurance Scheme. |
| Ex.P5 | Photocopy of the nomination registration application form nominating PW-1 as the nominee dated 24.07.2021 in State Bank of India addressed to Mrs.V.Nithyakalyani |
| Ex.P6 | Photocopy of the receipt for burial fee dated 09.09.2022 for Mrs.D.Nithyakalyani |
| Ex.P7 | Photocopy of the application form for opening of an account under senior citizen savings scheme in State Bank of India of Mr.V.Nithyakalyani. |
| Ex.P8 | Computer generated account statement for the period 01.04.2022 to 23.09.2022 standing in the name of Mrs.V.Nithyakalyani in State Bank of India bearing A/c No.00000010186559574. |
| Ex.P9 | Photocopy of the statement of account standing in the name of Mr.Kirubakaran in State Bank of India bearing A/c No.39628634302. |
| Ex.P10 | Photocopy of the New Health Insurance Scheme Card issued by Government of Tamil Nadu standing in the name of Mrs.V.Nithyakalyani. |
| Ex.P11 | Computer generated encumbrance certificate dated 03.10.2022 for the period 01.01.1998 to 27.09.2022 of the schedule A property mentioned in the petition. |
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Ex.P12
O.P.No.76 of 2024
| Ex.P12 | Computer generated encumbrance certificate dated 01.10.2022 for the period 01.01.1999 to 27.09.2022 of the schedule B property mentioned in the petition. |
|---|---|
| Ex.P13 | Photocopy of PW-1 Aadhaar Card |
| Ex.P14 | Photocopy of the sale deed dated 22.01.1998 executed in favour of Mr.David Karunakaran. |
| Ex.P15 | Photocopy of the sale deed dated 15.09.1999 executed in favour of Mr.M.David Karunakaran. |
| Ex.P16 | Online printout of guideline value of the schedule A property mentioned in the petition. |
| Ex.P17 | Onine printout of guideline value of the schedule B property mentioned in the petition. |
| Ex.P18 | Certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P19 | Affidavit of assets showing the net value of the estate as Rs.15,00,000/-. |
| Ex.P20 | Copy of the paper publication effected in one issue of Tamil daily “Makkal Kural” dated 12.07.2024. |
| Ex.P21 | Copy of the paper publication effected in one issue of English daily “Trinity Mirror” dated 19.07.2024. |
| Ex.P22 | Photocopy of the application form for nomination facility in respect of settlement claim for Mrs.Nithyakalyani given to State Bank of India. |
17.12.2024
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O.P.No.76 of 2024
DR.G.JAYACHANDRAN,J.
ari
delivery Order made in O.P.No.76 of 2024
17.12.2024
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1 issue framed by the court
Whether the petitioner proved he was the foster son of the deceased so as to be granted Letters of Administration of his estate.
2 provisions across 2 enactments
L.Kirubakaran
Jaikumar
Maragada Mary
Fros Joy
Glory Leela
Mery
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
