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Madras High CourtOP/504/2015allowed

Debts Of G.L.Venkataramaiah v.

2016-04-07Honourable Mr Justice K.K. Sasidharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 7th DAY OF APRIL 2016 THE HON'BLE MR. JUSTICE K.K.SASIDHARAN O.P.NO.504 OF 2015 In the Matter of Indian Succession Act XXXIX of And In the matter of certain debts of G.L.VENKATARAMAIAH (Died intestate) Mrs.V.Prema ....Petitioner This Original Petition praying that this Hon'ble Court be pleased to grant her the succession certificate with power to collect debts and to receive interest thereon mentioned in the shedules hereunder and thus render justice.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner has filed this Original Petition under Section 372 of the Indian Succession Act claiming that she being the adopted daughter of Thiru.G.L.Venkataramaiah is entitled to collect the debts and securities due to his estate.

2.The petitioner was given in adoption by her parents to Thiru.G.L.Venkataramaiah and his wife Tmt.Saraswathi by performing "datta homam" and other ceremonies as per Hindu Custom. The adoption took place at Ranipet. The biological mother of the petitioner is the sister of Tmt.Saraswathi. The petitioner was adopted, as Thiru.G.L.Venkataramaiah and Tmt.Sarasawathi had no issues.

3. Mrs.Saraswathi died on 26th November, 2009. Thiru.G.L.Venkataramaiah died on 4th July, 2014 at Chennai.

4. The amount due to the estate of the deceased Thiru.G.L.Venkataramaiah is shown in the schedule to the Original Petition. The petitioner now seeks a succession certificate.

5. The petitioner was examined as P.W.1. The following documents were marked through her:- Ex.P1 Photocopy of my school transfer certificate bearing admission no.1334. (marked after comparing and verifying with original)

Ex.P2 Photocopy of Transfer Subscription Voucher dated 10.07.2009 given by Indian Oil Corporation Limited in which the petitioner has signed as a customer. (marked after comparing and verifying with original) Ex.P3 Computer generated death certificate of my adoptive mother Saraswathi Venkataramaiah, who died on 26.11.2009 Ex.P.4 Computer generated death certificate of my adoptive father G.L.Venkataramaiah, who died on 04.07.2014.

Ex.P.5 Photocopy of Savings Passbook at Indian Overseas Bank, West Mambalam Brach bearing Account No.086801000027996 which stands in the name of my adoptive father G.L.Venkataramaiah. (marked after comparing and verifying with original Ex.P.6 Original statement from 01.04.2012 to 17.03.2015 given by Indian Overseas Bank, West Mambalam Branch bearing Account No.086801000027996 which stands in the name of my adoptive father G.L.Venkataramaiah Ex.P.7 Original Balance confirmation certificate dated 30.03.2015 given by Bank of India, West Mambalam Branch showing the balance held by my adoptive father G.L.Venkataramaiah in their Branch Ex.P.8 (Series 2 Nos) are the photocopies of letters dated 19.11.2010 addressed to Indian Oil Corporation, Chennai - 600 099 and Maruthi Agencies, Chennai - 600 101 by my adoptive father G.L.Venkataramaiah.

(I am filing photocopy as I have submitted original letter to concerned office) Ex.P.9 Photocopy of Voter I.D. Card of my adoptive father G.L.Venkataramaiah (marked after comparing and verifying with original) Ex.P.10 Photocopy of death certificate of my mother D.Rajalakshmi, who died on 21.09.1987 (marked after comparing and verifying with original) Ex.P.11 One copy of paper publication effected in one issue of Tamil Daily "Makkal Kural"dated 20.08.

6. P.W.2, who is the biological father of the petitioner was examined to prove the adoption. The following documents were marked through him.

Ex.P12 Photocopy of voter I.D.card(marked after comparing and verifying with original)

7. P.W.3 was also examined to prove the adoption. The following documents were marked through her. Ex.P13 Photocopy of voter I.D.card (marked after comparing and verifying with original)

8. The petitioner has taken paper publication in "Makkal Kural" on 20th August 2015. So far no objection has been received from any one.

9. The documents available on record indicates that the applicant was adopted by Thiru.G.L.Venkataramaiah and Tmt.Sarasawathi. The petitioner is therefore entitled to succeed to the estate of the deceased.

10.There shall be an order to issue a succession certificate in the name of the petitioner authorising her to collect the debts and securities shown in the schedule to the original petition.

Sd/.K.K.S.J 07.04.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/21.07.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.