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2024 Supreme(Mad) 2627
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
L. Kirubakaran – Appellant
Versus
Jaikumar – Respondent
Original Petition No. 76 of 2024
Decided On : 17-12-2024
For the Appellant : D. Babu
Without clear and formal proof of adoption, mere nomination does not confer the status of a foster son under Christian Law, thus Letters of Administration cannot be granted.
Headnote:(A) Indian Evidence Act, 1872 - Section 65B - Letters of Administration - Petition filed for Letters of Administration for the assets of deceased under Christian Law by foster son of the deceased, who could not substantiate his claim of being adopted - Court finds that nomination as a son does not equate to legal adoption, and insufficient proof provided. (Paras 1-7)
(B) Adoption - Legal status - The court emphasized that in the absence of formal adoption recognition, mere nomination cannot establish a foster relationship under the law. (Paras 4-6)
Facts of the case:
The petitioner claims to be the foster son of Late David Karunakaran; however, he failed to provide adequate documentation to substantiate his claims of adoption. The respondents are the deceased’s siblings who did not contest the petition.
Findings of Court:
The lack of proof of foster son status means Letters of Administration cannot be granted to the petitioner.
Issues: The main issues revolved around the adequacy of evidence to support the claim of foster sonship and the implications of nomination status.
Ratio Decidendi: The court concluded that nomination does not equate to legal adoption and insisted on the necessity for clear evidence for such claims.
Result: Petition dismissed.
| Table of Content |
|---|
| 1. petition for letters of administration by foster son (Para 1 , 2) |
| 2. supporting documents presented by petitioner (Para 3) |
| 3. lack of evidence for adoption status (Para 4 , 5 , 6) |
| 4. requirement to prove foster sonship (Para 7) |
| 5. dismissal of petition (Para 8) |
ORDER :
1. 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.
2. The respondents are brother and sisters of the Late Karunakaran. The notice sent to them returned with endorsement as “ REFUSED”. The general paper publication inviting objections from general public not evoked any response.
3. The petitioner had graced the witness box. Filed proof affidavit in lieu of chief examination and marked the following documents in support of his claim.
| 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. |
| 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. |
4. The scrutiny of the documents relied by the petitioner, there is no evidence to show the petitioner was the foster son of David Karunakara
