KAMALAMMA Vs. REMANI

JUDGEMENT

(1.) This is an appeal preferred by the additional respondents 6 and 7 in OP (Succession) No. 31 of 1980 on the file of the Sub-Court. Attingal. The first respondent herein filed an application under S.372 of the Indian Succession Act, 1925 for succession certificate in respect of three back deposits outstanding in the name of one Saniasini Devaki Amma who died on 11-3-1980. The appellants were alone the contesting respondents. The court below rejected the objections raised by the appellants and allowed the petition.

(2.) Deceased Saniasini Devaki Amma was the founder President of Sree Narayana Dharma Sodari Matom. She was married to one Advocate Bahuleyan. She bad no children. Some time after the marriage, her husband died. It is alleged that after the death of her husband Devaki Amma bad been living in Varkala Sivagiri Ashram as an ascetic preaching the principles of Sree Narayana Guru to the devotees. She started Sree Narayana Dharma Sodari Matom, of which she was the first president. The petitioner Ramani was the foster daughter of deceased Devaki Amma. It appears that the petitioner Remani was brought up in the family of Devaki Amma, from her early childhood. When Devaki Amma shifted her residence to the Ashram in 1964 the petitioner resided separately and was later married to one Selvaraj. Devaki Amma had three bank deposits in her name. The name of the depositor in the bank document was shown as "Saniasini Devaki Amma." After the death of Devaki Amma, the petitioner filed an application for succession certificate to collect the money covered by these deposits. Respondents 1 to 5 are the brothers and the sister of Devaki Amma. Notice was published in the official gazette and respondents 1 to 5 filed a joint statement to the effect that they have no objection in granting certificate to the petitioner. Meanwhile the present appellants got themselves impleaded and contested the proceedings.

(3.) The main contention urged by the appellants is that the petitioner Ramani bad absolutely no right over the deposits made by deceased Devaki Amma. Devaki Amma was the president of the Sree Narayana Dharma Sodari Matom and after the death of her husband in 1964 she joined as a disciple of Sree Narayana Guru and had become a Saniasini. Therefore the amount deposited by her was in the capacity as the president of the Dharma Sodari Matom and it devolved on the Matom.