I. JAYARAJ Vs. G. DHANARAJ AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

(2.) Mr.I.Jayaraj has filed this civil miscellaneous appeal against the judgment and decree dated 18.6.2013 passed in S.O.P.No.1 of 2008 by the learned Subordinate Judge, Harur, Dharmapuri District.

(3.) Mr.K.Premkumar, learned counsel appearing for the appellant argued that the appellant married Soundari on 18.5.89 at the C.S.I.Church, Samiyapuram. They were blessed with two daughters and one son out of the wedlock. She was also appointed as a Teacher in the Government Girls Higher Secondary School, Harur. After entering service, she has nominated the appellant/husband as the only sole nominee to receive the family and other benefits in the event of her death. The service register book of the deceased Soundari also stands testimony to the said fact. While so, the appellant along with his wife late Soundari, their two daughters, namely, Anitha, Kamali and their son Kishore accompanied with mother in law and sister in law went to Velankanni on 26.12.2004. Learned counsel appearing for the appellant further submitted that unfortunately, the appellant's wife, their three children, mother in law and sister in law were washed away by the tsunami waves. However, the appellant was rescued after one day. The appellant being the husband and also nominated by his wife Soundari in the service record as the sole legal heir, is entitled to receive the service and retiral benefits from the Department as he is the legal nominee. When the legal position stands as above, the appellant's father in law, who is the father of late Soundari, wife of the appellant, wrongly laid a claim by filing a petition in S.O.P.No.1 of 2008 on the file of the Sub Court, Harur, Dharmapuri District to grant a succession certificate empowering him to get one half of the amount (Rs.2,35,000/- only) set out in the schedule therein and to grant such other relief, on the ground that the deceased Soundari, at the time of marriage, converted to Christianity and she was professing Christianity and she also died as a Christian, as the parties are governed by the provisions of the Indian Succession Act, the appellant's father in law has to be construed as the legal heir of the deceased Soundari, accordingly, he is also entitled to succeed to the estate of the deceased Soundari.