Allowed

Mrs. Precilla Mary Pereira v. Nill

Karnataka HC6 Aug 2021PROB.CP/8/2021

Case brief

AI extract

What is this about?

Probate Civil Petition filed by the wife and son of deceased Joy Pereira seeking Letters of Administration under the Indian Succession Act. The court found no objections and the petitioners as sole legal heirs, granting the petition and directing issuance of Letters of Administration.

What did the court decide?

Petition allowed. Letters of Administration issued to petitioners in respect of the estate of Joy Pereira. Administration bond and inventory required.

Mrs. Precilla Mary Pereira Vs Nill — Succession and Inheritance | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

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PROBATE CIVIL PETITION No.8/2021

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Between :

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Mrs. Precilla Mary Pereira,

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Aged 55 years, Wife of the above named deceased, Ordinarily of United Tulips, Flat No.301, No.26, 3rd Main road, OMBR Layout, Banaswadi, Bangalore - 560 043, By her duly constituted attorney Mr. Hilary William Sequeira,

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As per Power of Attorney marked 'B'.

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Mr. Adrian Jason Pereira, Aged 26 years, Son of the above named deceased Presently residing at 619, Nathan Place, Dayton, Ohio, 45409, U.S.A. By her duly constituted attorney Mr. Hilary William Sequeira, As per Power of Attorney marked 'C'. … Petitioners

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(By Smt. Arun Mary Green, Advocate)

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And : NIL … Respondent

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This Probate Civil Petition is filed under Part IX sections 270, 278 and 300 of the Indian Succession Act, 1925, praying to that Letters of Administration to the property and credits of the above-named Deceased Joy Pereira to have effect throughout the Union of India, may be granted to the First Petitioner alone and etc.

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This Probate Civil Petition coming on for orders this day, the Court, made the following:

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ORDER

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Petitioner No.1 is the wife and petitioner No.2 is the son of deceased Joy Pereira, who is stated to have died at Bangalore on 14.09.2019. Copy of death certificate is produced at Annexure-A issued by the Chief Registrar of Births and Deaths.

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It is submitted that deceased has died leaving

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behind the petitioners herein as the only legal heirs to the properties. Petitioners have sought for issuance of Letters of Administration to the property and credits of deceased Joy

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Pereira and to have effect of the same through out the territory of Union of India. Sri. Hilary William Sequeira, who is stated to be cousin of petitioner No.1 has filed an affidavit

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in the capacity of power of attorney holder of petitioner No.1. The said affidavit details the assets of the deceased

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including the bank accounts at Sl.No.1 of Schedule-A and details of immovable properties at Sl.Nos. 4(a) to (d). The details of the expenses incurred relating to the funeral rites and ceremonies is detailed in Schedule of Debts at Annexure-B. It is submitted that letters of administration be granted to the petitioners.

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The power of attorney executed by petitioner No.2 authorizing the POA holder, Sri. Hilary William Sequeira to act on his behalf is enclosed at Annexure-C. Citation was carried out as per the order of this Court and a memo is filed along with the paper publication. Despite publication of citation, no objections have been received opposing the grant of letters of administration.

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There is no reason to doubt the veracity of the facts as made out in the petition. Facts made out reveal that the petitioners are the only legal heirs of deceased. Taking note of the affidavit of assets, grounds are made out to allow the petition.

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Accordingly, the following order is passed:

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ORDER

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a. Petition is allowed .

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b. Petitioners shall be issued with Letter of Administration in the names of the petitioners in respect of the estate of Joy Pereira, subject to petitioners furnishing administration bond.

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c. Petitioners to pay maximum Court fee payable under Section 53 read with Schedule of the Karnataka Court Fees and Suits Valuation Act, 1958.

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d. Petitioners shall file a list of inventory within six months from the date of grant of Letter of Administration and final accounts shall be submitted within one year as per Section 317(1) of the Indian Succession Act.

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Sd/JUDGE

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VP

Mrs. Precilla Mary Pereira v. Nill

Case brief

What is this about?

What did the court decide?

Mrs. Precilla Mary Pereira v. Nill

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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