Allowed

Mr Jaideep Charles Prabhu v. Nil

Karnataka HC3 Aug 2023PROB.CP/13/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a probate petition seeking letters of administration for the estates of Mrs. Ranee Noronha and Mr. Joseph Prabhu. With no objection raised via citation publication, the court granted letters in favor of the petitioners, dispensing with the security bond requirement.

What did the court decide?

Letters of Administration granted in common form; security bond filing and execution dispensed; inventory due in 6 months; final accounts due in 12 months.

Mr Jaideep Charles Prabhu Vs Nil — Succession and Inheritance | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF AUGUST, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR PROBATE CIVIL PETITION NO.13 OF 2023

¶6

BETWEEN:

¶7

MR.JAIDEEP CHARLES PRABHU ALSO KNOWN AS JAIDEEP PRABHU S/O.LATE CECIL NORONHA AND LATE RANEE NORONHA AGED ABOUT 55 YEARS PERMANENTLY R/AT FLAT NO.4A CHARLES COURT NO.12 REST HOUSE ROAD BENGALURU 560 001 REP. BY HIS POWER OF ATTORNEY HOLDER MR.JATIN PRABHU

¶8

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

¶9

MR.JATIN PRABHU S/O.LATE CECIL NORONHA AND LATE RANEE NORONHA AGED ABOUT 42 YEARS PERMANENTLY R/AT FLAT NO.4A CHARLES COURT NO.12 REST HOUSE ROAD BENGALURU 560 001

¶10

MRS.TARA SOPHIA PERIS D/O.LATE JOSEPH PRABHU ALSO KNOWN AS JOSEPH BENEDICT PRABHU AGED ABOUT 46 YEARS

¶11

¶12

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶13

R/AT 638, S.SYCAMORE AVENUE [[[ LOS ANGELES, CA, 90036, USA REP. BY HER POWER OF ATTORNEY HOLDER MR.JATIN PRABHU

¶14

…PETITIONERS

¶15

(BY SRI VIVEK ANAND ANTHONY BRITTO FOR SRI VIR ANTHONY BRITTO, ADVOCATES)

AND:

…RESPONDENT

THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTION 278 READ WITH SECTION 219) OF THE INDIAN SUCCESSION ACT OF 1925 PRAYING TO GRANT LETTERS OF ADMINISTRATION IN RESPECT OF THE ESTATE OF MRS.RANEE NORONHA (DECEASED) AND MR.JOSEPH PRABHU ALSO KNOWN AS JOSEPH BENEDICT PRABHU (DECEASED), IN COMMON FORM, IN FAVOR OF THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER SECTION 278 READ WITH SECTION 219 OF THE INDIAN SUCCESSION ACT, 1925.

¶20

THIS PROBATE CIVIL PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

Heard Sri Vivek Anand Anthony Britto, learned counsel for petitioners.

¶23

This petition is filed by the petitioners seeking grant of letters of Administration in respect of Mrs.Ranee Noronha (deceased) and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu (deceased), in common form, in favour of the petitioners to have effect throughout the Union of India as per

¶24

¶25

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶26

Section 278 read with Section 219 of the Indian Succession Act, 1925.

¶27

It is contended by learned counsel for petitioners that Mrs.Ranee Noronha and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu are the children of Late John Peris, who died intestate on 04.05.2020 and 27.09.2021 respectively and they were Christian - Roman Catholic by religion. Mrs.Ranee Noronha died in Bengaluru and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu died in Los Angeles, California, U.S.A. Their death certificates are produced and annexed to this petition. It is contended that Mr.Cecil Noronha, the husband of Mrs.Ranee Noronha also died on 05.10.2022.

¶28

3.1 Learned counsel further contends that the deceased Mrs.Ranee Noronha was residing at Flat No.4A, Charles Court, No.12 Rest House Road, Bengaluru-560 001, which is situated within the jurisdiction of this Court and this was her fixed place of abode, whereas, Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu was residing at Los Angeles, California, U.S.A. at the time of his death and that was his fixed place of abode, but his assets claimed under this petition are situated in

¶29

¶30

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶31

Bengaluru and within the jurisdiction of this Court. The amount of assets which are likely to come to the hands of the petitioners upon the death of Mrs.Ranee Noronha (deceased) and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu (deceased) does not exceed in aggregate a sum of `1,63,41,111.92.

¶32

3.2 Learned counsel for petitioners admits and agrees to pay the maximum Court fee as contemplated under Article 6 of Schedule I of the Karnataka Court-Fee and Suits Valuation Act, 1958. He has also filed an affidavit of assets of Late Ranee Noronha and Late Joseph Prabhu, also known as Late Joseph Benedict Prabhu, which are listed in Annexure-A. It is also contended that the value of the assets situated outside the State of Karnataka is more than Rs.10,000/-. Therefore, this Court is having jurisdiction to entertain this petition.

¶33

This Court vide order dated 20.04.2023 passed an order dispensing the notice to the Deputy Commissioner and allowed the application of the petitioners to take out citation by way of paper publication in the following newspapers:

¶34

i) 'The Hindu', English daily, Bengaluru edition; ii) 'Udayavani', Kannada daily, Benglauru edition;

¶35

¶36

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶37

iii) 'Dina Thanthi', Tamil daily, Salem edition;

¶38

and the matter was posted thereafter for appearance of the parties, if any, on 21.06.2023 before this Court.

¶39

When the matter was listed before this Court on 21.06.2023, learned counsel for petitioners has filed a memo enclosing the newspapers, which was published on 13.05.2023, wherein the citation was published calling upon the person interested, if any, to put-forth their objections, if any, before this Court opposing the grant of the letters of Administration.

¶40

It is seen that pursuant to the citation having been taken out by the learned counsel for petitioners in the aforesaid three newspapers, there is none to oppose the petition for grant of letters of Administration. No one has appeared before this Court to raise objections or to oppose the grant of letters of Administration against the petitioners for movable and immovable properties pertaining to Mrs.Ranee Noronha and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu. Therefore, in view of there being no objections raised or no claim made by any third party to the publication as ordered, as stated hereinabove, it can be assumed that there is no objection to the

¶41

¶42

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶43

grant of letters of Administration with regard to the properties belonging to the deceased Mrs.Ranee Noronha and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu.

¶44

It is also seen that the learned counsel has undertaken to pay the maximum Court fee as contemplated under Article 6 of Schedule I of the Karnataka Court-Fee and Suits Valuation Act, 1958. This Court also by order dated 20.04.2023 had dispensed the notice to the Deputy Commissioner.

¶45

In view of the above facts and circumstances of the case, there being no objections raised with regard to grant of letters of Administration or with regard to any claim over the assets of Mrs.Ranee Noronha and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict Prabhu, there is no impediment to grant letters of Administration as sought for by the petitioners in this petition. Accordingly, I proceed to pass the following:

¶46

ORDER

¶47

i) The petition is allowed ;

¶48

ii) Registry is directed to issue letters of Administration in respect of the estate of Mrs.Ranee Noronha and Mr.Joseph Prabhu, also known as Mr.Joseph Benedict

¶49

¶50

NC: 2023:KHC:27178 PROB.CP No. 13 of 2023

¶51

Prabhu, in common form, in favour of the petitioners to have effect throughout the Union of India as per Section 278 read with Section 219 of the Indian Succession Act, 1925;

¶52

iii) Registry is directed to issue letters of Administration on payment of requisite Court fee.

¶53

iv) The filing of the security bond by the surety is dispensed;

¶54

v) The execution of the security bond by the petitioners is also dispensed;

¶55

vi) The inventory shall be submitted by the petitioners within a period of six (06) months from the date of grant of letters of Administration;

¶56

vii) The final accounts shall be submitted by the petitioners within a period of twelve (12) months i.e. one year;

¶57

Sd/JUDGE

¶58

Mr Jaideep Charles Prabhu v. Nil

Case brief

What is this about?

What did the court decide?

Mr Jaideep Charles Prabhu v. Nil

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

Coram

Case details

Similar cases

Sri Nanjaiah Vs Sri M C Rajanna

S Umadevi Vs Nil

Narasimhaiah Vs Smt Basamma

Mr Thomas Mathew Vs Nil

Sri Ramesh K Vs Karnataka State Law University

Smt. M.N Manjulamma Vs R.B Gangamma