Allowed

Kiran Joseph. K. a. v. Nill

Karnataka HC8 Aug 2023PROB.CP/20/2022

Case brief

AI extract

What is this about?

Petitioner sought Letters of Administration under the Indian Succession Act for the estate of his father, K.J. Antony. The widow and one son submitted no objection letters; no third-party claims arose after publication. The High Court allowed the petition, granting administration with dispensation of security bonds.

What did the court decide?

Registry directed to issue Letters of Administration in favour of the petitioner in respect of the deceased's estate with effect throughout India; security bond and its execution dispensed with.

Kiran Joseph. K. a. Vs Nill — Succession and Inheritance | Karnataka HC (2023)

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR PROBATE CIVIL PETITION NO. 20 OF 2022

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BETWEEN:

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KIRAN JOSEPH. K. A. S/O LATE K. J. ANTONY AGED ABOUT 32 YEARS NO. 432, 8^TH CROSS DOMLUR LAYOUT BENGALURU, -560 071.

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… PETITIONER

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(BY SMT.TEJASWINI B.R., ADVOCATE FOR SMT.SMITHA R B.,ADVOCATE)

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AND:

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NIL .. RESPONDENT

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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THIS PROBATE CIVIL PETITION IS FILED SECTIONS 33(a) 219(d), 278 & 300 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING THAT LETTERS OF ADMINISTRATIONBE BE GRANTED TO HIM IN RESPECT OF THE ESTATE OF THE DECEASED.

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

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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O R D E R

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Heard learned counsel - Smt. Tejaswini B.R. on behalf of learned counsel - Smt. Smitha R.B for the petitioner.

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This petition is filed by the petitioner seeking grant of Letters of Administration in his favour pertaining to estate of the deceased - K.J. Antony, who is none other than his father.

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It is contended that Sri K.J. Antony died on 15.07.2021 at his residence i.e. No.432, 8^th Cross, Domlur layout, Bengaluru-560 071, which is within the jurisdiction of this Court. The deceased - K.J. Antony was a Christian by religion and he died intestate on 15.07.2021. The original death certificate of the deceased issued by the Chief Registrar of Births and Deaths, Bengaluru is produced at Annexure-A to the petition. The deceased, upon his death has left behind three legal representatives viz., his widow - Mrs. Rita A Antony and two children - Mr. Arun Jose and Mr. Kiran Joseph K.A. The widow and one of his sons - Mr. Arun Jose have issued letters in favour of the petitioner stating that they have no objection to the petitioner herein applying and obtaining the Letters of Administration in respect of estate of the deceased - K.J.

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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Antony. The said letters of widow and one of the sons are produced at Annexure-B to the petition.

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During the life time of the deceased - K.J. Antony, he possessed moveable as well as immovable properties located within the jurisdiction of this Court, morefully mentioned in the Schedules to the petition i.e., Schedule - A and Schedule-B. Schedule-A comprises of item Nos.1, 2 and 3, which are moveable properties and Schedule-B comprises of immovable property in which the deceased himself was residing till his last breath.

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It is stated that the deceased left behind unpaid dividends and shares transferred to Investor Education and Protection Fund account as a result of him holding equity shares in Grasim Industries Limited bearing Folio No.199080. The dividends totally worth a sum of INR 15,750/-. The deceased also held 1050 equity shares of the Gwalior Rayon Silk Manufacturing (Weaving) Company Limited, which was subsequently renamed as Grasim Industries Limited having face value of Rs.10/- each. It is also stated that in addition to

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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the above, the deceased also held 4,800 equity shares in TATA Motors Limited, with a face value of INR 2/-.

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Apart from the above moveable properties mentioned morefully in the Schedule-A (item Nos.1 to 3), the deceased possessed immovable property measuring to an extent of 1550 square feet in the property bearing No.432, 8^th Cross, Domlur layout, Bangalore-560 071, which was purchased by him from one Mrs. Sharada, Mr. V.R. Ravindra and Mrs. R. Umadevi vide registered sale deed dated 18.10.1984 which is specifically mentioned in Schedule-B to the petition.

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The mother and brother of the petitioner have authorized the petitioner to apply and obtain the Letters of Administration in his favour in respect of estate of the deceased - K.J. Anotny which is set out in Schedules -A and B to the petition. So also it is stated that the properties are situated within the jurisdiction of this Court and that the deceased had permanent place of abode in Schedule-B immovable property, where he breathed his last. That was the fixed place of abode to the deceased and his wife and two children. In view of the no objection letters having been given by the mother and

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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brother, the petitioner is before this Court claiming Letters of Administration in his favour in respect of estate of the deceased - K.J. Antony.

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It is also stated that gross and net value of the assets

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of the deceased that are likely to come into the petitioner's hands does not exceed the sum of INR 1,91,26,548.12 as on the date of filing this petition. Petitioner also stated that the value of the present petition for the purposes of the Court fee is INR 38,970/- and he undertakes to pay the Court fee as contemplated under Section 53 (1) of the Karnataka Court Fees and Suits Valuation Act, 1958, as and when directed by this Court. The petitioner also stated that he undertakes to administer the estate of the deceased and make a full and true inventory within a period of six months from the date of grant of Letters of Administration to him and would also render a full account to this Court within a period of one year from the

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date of grant of Letters of administration. Accordingly, petitioner prays for issuance of Letters of Administration in respect of the estate of the deceased - K.J. Antony.

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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Pursuant to the filing of this petition, citation of this petition was taken out by way of paper publication in two daily newspapers viz., 'The Hindu', English daily, Bengaluru edition; and 'Udayavani, Kannada daily, Bengaluru edition. The publication was taken out in both the newspapers on 6.4.2023. The newspapers containing the citation of the petition, are produced alogwith the memo dated 13.4.2023.

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Pursuant to taking out of citation by way of newspaper publication in the aforesaid daily circulated newspapers, no claim has been made by anyone with regard to the estate of the deceased - K.J. Antony before this Court either by way of appearance or through filing any objection in writing.

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It is seen that the deceased - K.J. Antony had left behind three legal representatives i.e, his widow - Mrs. Rita A Antony and two sons viz., Mr. Arun Jose and Mr. Kiran Joseph K.A, the petitioner herein. The widow and one of the sons viz., Mr.Arun Jose have given no objection letters to the petitioner to apply for and obtain Letters of Administration in his favour in respect of estate of the deceased - K.J. Antony. Therefore,

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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they do not have any objection in petitioner obtaining Letters of Administration in his favour.

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In view of the above facts and circumstances of the case, there being no objections by any 3^rd party or from the other two legal representatives of the deceased - K.J. Antony with regard to grant of Letters of Administration in respect of estate of the deceased, there is no legal impediment to grant Letters of Administration as sought for by the petitioner and this petition deserves to be allowed. Accordingly, I proceed to pass the following:

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O R D E R

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i) The Petition is allowed .

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ii) Registry is directed to issue Letters of Administration in respect of estate of the deceased - K.J. Antony, which is morefully mentioned in Schedules 'A' and 'B' to the petition, in favour of the petitioner, to have effect throughout the Union of India.

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iii) Registry is directed to issue Letters of Administration

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on payment of requisite Court fee.

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NC: 2023:KHC:28228 PROB.CP No. 20 of 2022

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

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v) The execution of the security bond by the petitioner is also dispensed.

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vi) The Inventory shall be submitted by the petitioner within a period of six (06) months from the date of grant of Letters of Administration.

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vii) The final accounts shall be submitted by the petitioner within a period of twelve (12) months from the date of grant of Letters of Administration.

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Sd/JUDGE

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GSS List No.: 1 Sl No.: 41

Kiran Joseph. K. a. v. Nill

Case brief

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Kiran Joseph. K. a. v. Nill

Case brief

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