Sarala v. No Respondent

RMT.TEEKAA RAMAN, J.

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 for grant of Succession Certificate in favour of adopted daughter of B.Venkatamma, Petitioner herein with power to collect the debts and to receive the interest specified in the schedule. 2.After following due procedure, the Petitioner was invited to tender evidence. The Petitioner viz., Sarala, was examined as PW1 and Exs.P1 to P9 were also marked as follows:

S.No.

Exhibits Details Ex.P.1 Computer generated Pay slip of Mrs.B.Venkatamma Ex.P.2 Photocopy of ID card of Mrs.B.Venkatamma Ex.P.3 Photocopy of death certificate of Mr.B.G.Krishnamoorthy Ex.P.4 Computer generated death certificate of Mrs.B.Venkatamma Ex.P.5 Photocopy of LIC policy bond bearing No.717617854 held by Mrs.B.Venkatamma along with premium receipt dated 28.06.2006 Ex.P.6 Photocopy of front page passbook of Canara Bank bearing A/c.No.0906101029972 standing in the name of Mrs.B.Venkatamma.

Ex.P.7 Photocopy of front page passbook of Indian Overseas Bank bearing A/c.No.108501000021206 standing in the name of Mrs.B.Venkatamma.

Ex.P.8 Original letter dated 19.06.2023 issued by the employer of the deceased Ex.P.9 Copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 20.03.2024.

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3.The deceased B.Venkatamma was married to one Mr.Krishnamoorthy.

Since they have no child, they adopted Sarala/Petitioner at the age of 7 years old. The said Sarala was her Sister's daughter viz., N.Venkatamma. Mr.Krishnamoorthy was employed as Sweeper in Old Division 31, while in service, he died on 04.08.2001. The Petitioner was born on 27.05.1992 to her parents Nallakondaiah and N.Venkatamman. They had given their daughter to her sister B.Venkatamma in adoption, the same was not registered. Mr.Krishnamoorthy nominated Mrs.Sarala, who is his daughter in the Service Register at the age of 7 years. Evidencing the adoption, the family photo was affixed in the Service Register. The deceased B.Venkatamma was employed as Sweeper in Division - 41, Zone - 4 under the Greater Chennai Corporation. She died on 07.01.2022. The said B.Venkattamma nominated Sarala as her daughter in gratuity, GPF, SPGF, Family Pension, LIC and Group Insurance Scheme etc., The family photo also affixed in the Service Register.

4.The Petitioner claims that she is the adopted daughter and the deceased B.Venkatamma is her adopted Mother, whose name with family 2/4

surname is Barra Bedha Venkatamma. B.Venkatamma and Barra Bedha Venktamma are one and the same. The parents of the deceased B.Venkatamma pre-deceased and her husband also pre-deceased. Hence, the Petitioner claims succession certificate. 5.In view of both oral and documentary evidence adduced before this Court, I find no impediment for grant of succession certificate. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the Petitioner in accordance with the rules. 14.08.2024 sai 3/4

RMT.TEEKAA RAMAN, J.

sai Dated: 14.08.2024 4/4