Allowed

Mrs Mariamma Thomas v. Nil

Karnataka HC2 Feb 2023PROB.CP/1/2022

Case brief

AI extract

What is this about?

The Court allowed a probate civil petition filed by the wife and children of the deceased for Letters of Administration with the annexed Will. The petition was allowed, and the Registry is directed to issue the Letters of Administration valid throughout India.

What did the court decide?

The prayer for Letters of Administration is granted. The Registry is directed to issue Letters of Administration in the name of the petitioners throughout India. The filing of a Security Bond by suret

Mrs Mariamma Thomas Vs Nil — Succession and Inheritance | Karnataka HC (2023)

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1 - PROB.CP No. 1 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI PROBATE CIVIL PETITION NO. 1 OF 2022

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BETWEEN:

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MRS. MARIAMMA THOMAS, AGED ABOUT 80 YEARS, CHRISTIAN, W/O DECEASED ABOVE NAMED AND PRESENTLY R/AT NO.2, 8^TH CROSS, VICTORA LAYOUT, BENGALURU - 560 047.

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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MRS.TESSY THOMAS, AGED ABOUT 56 YEARS, CHRISTIAN, D/O DECEASED ABOVE NAMED W/O MR.THOMAS GEORGE C AND PRESENTLY R/AT FLAT NO.9-D, TRINITY CROWN BUILDING OFF NH-47, EDAPALLY, ERNAKULAM, KERALA - 682 024. BY HER DULY CONSTITUTED ATTORNEY MRS. MARIAMMA THOMAS, MOTHER THE SECOND PETITIONER AS PER POWER OF ATTORNEY DATE 25-10-2021 MARKED ‘C’

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MRS. MARINA JAMES, AGED ABOUT 54 YEARS, CHRISTIAN, D/O DECEASED ABOVE NAMED W/O MR.JAMES A NEERAKAN AND PRESENTLY R/AT FLAT NO.509, BUILDING NO.5, NARMADA SARASWATI APARTMENTS, POCKET D-6, VASANT KUNJ, NEW DELHI-110 070. BY HER DULY CONSTITUTED ATTORNEY MRS. MARIAMMA THOMAS,

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2 - PROB.CP No. 1 of 2022

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MOTHER THE THIRD PETITIONER AS PER POWER OF ATTORNEY DATED 3^RD NOVEMBER 2021 MARKED ‘D’.

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MR. JOHN THOMAS, ALSO KNONW AS TIMMY AGED ABOUT 49 YEARS, CHRISTIAN, S/O DECEASED ABOVE NAMED AND PRESENTLY R/AT FLAT NO.110, DECCAN ENCLAVE APARTMENTS, NO.5 T M MAISTRY STREET, BANANTHURAI THIRUVANMIYUR, CHENNAI - 600 041. BY HER DULY CONSTITUTED ATTORNEY MRS. MARIAMMA THOMAS MOTHER THE FOURTH PETITIONER AS PER THE POWER OF ATTORNEY DATED 29^TH OCTOBER 2021 MARKED ‘E’.

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MRS. LIZA THOMAS, AGED ABOUT 46 YEARS, CHRISTIAN, D/O DECEASED ABOVE NAMED W/O MR.MANOJ T. THOMAS AND PRESENTLY R/AT FLAT NO.301-302, SHELTER APARTMENTS, 15 PALMGROVE ROAD, BENGALURU - 560 047.

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…PETITIONERS

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(BY SMT.ANN MARY GREEN., ADVOCATE)

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AND:

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NIL …RESPONDENT

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THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTIONS 270 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, SEEKING CERTAIN RELIEFS.

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

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3 - PROB.CP No. 1 of 2022

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ORDER

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Mrs. Ann Mary Green., learned counsel for petitioners has appeared through video conferencing.

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The petitioners are before this Court seeking a grant of “Letters of Administration” with the last Will and Testament dated 28.05.2014 and to administer the property and credits of the deceased Mr. P.T. Thomas.

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The petitioners contend that they are the wife and children of the Late Mr.P.T.Thomas. It is stated in the petition that Mr.P.T.Thomas died testate and executed his Will on 28.05.2014. No Executor is appointed. As such “Letters of Administration” is necessary to administer the assets left behind by the deceased. It is in that view, the instant petition is filed.

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This Court vide order dated:24.02.2022 had permitted the petitioners to take out the paper publication by way of citation in ‘The Hindu’ - English daily newspaper, Bengaluru edition, ‘The Times of India’ - English daily newspaper, Ernakulam edition and ‘Kannada Prabha’ - Kannada daily newspaper, Bengaluru edition. The paper publication was

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PROB.CP No. 1 of 2022

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carried out on 09.03.2022 and the same is placed on record. No person has approached this Court opposing this petition or making any claim with regard to the estates left behind by the deceased. No Caveat is entered.

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Heard, Mrs.Ann Mary Green., learned counsel for the petitioners.

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I have gone through the petition averments and documents produced. As no objections are filed by anyone and no one has appeared to oppose the grant of Letters of Administration, the petitioners being the only legal heirs of the deceased Mr.P.T.Thomas, they are entitled to succeed to the estate of the deceased. Therefore, they are entitled to the grant of “Letters of Administration.”

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The petitioners undertake to pay the maximum Court fee payable under Section 53 read with Schedule of the Karnataka Court Fee and Suit Valuation Act, 1958.

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On 24.02.2022, I.A.No.1/2021 filed by petitioners was allowed. Therefore, the notice to Deputy Commissioner was dispensed with.

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PROB.CP No. 1 of 2022

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Therefore, the prayer made in the petition is granted. The Registry is directed to issue the “Letters of Administration” in the name of the petitioners to have effect throughout India.

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The filing of the Security Bond by the surety is dispensed. However, the first petitioner shall execute a security bond since she is the GPA holder on behalf of other petitioners. Further, the inventories shall be submitted to this Court within six months and the final accounts shall be submitted in twelve months. The Registry is directed to draw up the “Letters of Administration” on payment of requisite Court fees.

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The petition is accordingly allowed .

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Sd/JUDGE

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TKN List No.: 1 Sl No.: 11

Mrs Mariamma Thomas v. Nil

Case brief

What is this about?

What did the court decide?

Mrs Mariamma Thomas v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

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