Allowed

Smt Anisingaraju Venkata Ramanamma v. Nil

Karnataka HC22 Mar 2024PROB.CP/20/2023

Case brief

AI extract

What is this about?

Wife and children of a deceased man petitioned for Letters of Administration over his estate, including bank and DEMAT accounts, as he left a Will without naming an executor. With no objectors after citation publications, the court granted Letters of Administration to petitioner No.1 with inventory and final account requirements.

What did the court decide?

Letters of Administration issued in favour of petitioner No.1 to have effect throughout Karnataka; security bond to be executed; inventories in six months, final accounts in twelve months

Smt Anisingaraju Venkata Ramanamma Vs Nil — Succession and Inheritance | Karnataka HC (2024)

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL PROBATE CIVIL PETITION NO. 20 OF 2023

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BETWEEN:

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SMT ANISINGARAJU VENKATA RAMANAMMA WIFE OF LATE SRI ANISINGARAJU VENUGOPAL AGED ABOUT 78 YEARS RESIDING AT PLOT NO 17 G -62 3RD MAIN, NEAR KSRTC LAYOUT PARK UTTARAHALLI BENGALURU - 560 061.

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SRI. VIJAKUMAR ANISINGARAJU SON OF LATE SRI ANISINGARAJU VENUGOPAL AGED ABOUT 59 YEARS, RESIDING AT 79 , EVERBROOK CRESCENT SW CALGARY, ALBERTA T2Y OL7, CANADA REPRESENTED BY GPA HOLDER

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Digitally signed by SUMA B N Location: High Court of Karnataka

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SMT ANISINGARAJU VENKATA RAMANAMMA.

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SMT PADMA MALYALA DAUGHTER OF LATE SRI ANISINGARAJU VENUGOPAL AGED ABOUT 56 YEARS RESIDING AT NO 1 PATRIDGE LANE BURLINGTON MA 01803 USA

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REPRESENTED BY GPA HOLDER

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SMT ANISINGARAJU VENKATA RAMANAMMA.

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SMT VEENA VANKAMAMIDI DAUGHTER OF LATE SRI ANISINGRAJU VENUGOPAL AGED ABOUT 48 YEARS

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RESIDING AT NO 2700 RIO MESA DR AUSTIN ,

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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TEXAS 78732 USA REPRESENTED BY GPA HOLDER SMT ANISINGARAJU VENKATA RAMANAMMA

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…PETITIONERS

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(BY SRI. PRATIK PANY.,

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MS. SHARADA REDDY, ADVOCATE)

AND:

NIL

…RESPONDENT

THIS PROB C.P. IS FILED UNDER PART IX SECTIONS (270, 278 AND 300) OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ISSUE LETTERS OF ADMINISTRATION TO THE PROPERTY AND CREDITS OF THE SAID LATE SRI. ANISINGARAJU VENUGOPAL TO HAVE EFFECT THROUGHOUT STATE OF KARNATAKA AND ETC.,

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

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ORDER

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This petition is filed under Section 278 of the Indian Succession Act, 1925, by the petitioners who are the wife and children of late Sri. Anisingaraju Venugopal seeking issue of Letters of Administration in respect of the property and credits of said Sri. Anisingaraju Venugopal to have effect throughout Karnataka.

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3 - NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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Petitioner No.2 is a resident of Canada and

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petitioner Nos. 3 and 4 are the residents of the United States of America. They are represented by their mother and power of attorney holder Smt. Anisingaraju Venkata Ramanammapetitioner No.1.

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It is contended that said Sri. Anisingaraju Venugopal during his lifetime had purchased amongst others, an immovable property bearing No.17, V.P. Katha No.6, present katha No.659/307/6/17 situated at Uttarahalli village and Hobli, Bangalore South Taluk, totally measuring 600 sq. ft. with built area of 500 sq. ft. more fully described in the schedule 'B' to the petition. That he had also had a Saving Bank Account with ICICI Bank, Sanjeeva Reddy Nagar branch, Hyderabad which was on transferred to Uttarahalli branch, Bangalore was assigned with No.007501508802 with petitioner No.1 being a nominee. That DEMAT A/c bearing No.30267932367820 was held by him.

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The said Sri. Anisingaraju Venugopal died on 04.10.2015 at his residence at Uttarahalli, Bangalore which was his fixed place of abode. He had during his lifetime executed a

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4 - NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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Will dated 05.09.2015 bequeathing his movable and immovable properties including the amounts lying in the Saving Banks Account and stocks and shares held in the DEMAT Account in favour of his wife, the petitioner No.1 and after her demise to petitioner Nos. 2 to 4 without appointing any executor. The original Will is produced along with the petition at Annexure-E.

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That after the demise of Sri. Anisingaraju Venugopal, petitioner No.1 approached ICICI Bank, Uttarahalli branch, seeking transfer of the amount in the saving bank and scripts in DEMAT Account of Sri. Anisingaraju Venugopal as per the Will. Upon the advise of the Bank, petitioner No.1 opened a Saving Bank Account bearing No.007501046182 by making deposit of Rs.25,000/and a DEMAT A/c No.IN30302867203771. However, the funds of Sri. Anisingaraju Venugopal could not be transferred in the absence of an executor appointed under the Will. As such, the Bank advised for obtaining Letters of Administration enabling them to transfer the fund.

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That as on 28.9.2022 the Saving Bank account of late Sri. Anisingaraju Venugopal holds Rs.66,29,445/- (Rupees

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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Sixty Six Lakhs Twenty Nine Thousand Four Hundred and Forty Five only) and value of the scripts in the DEMAT account in a sum of Rs.11,59,675.34/- (Rupees Eleven Lakhs Fifty Nine Thousand Six Hundred and Seventy Five decimal Thirty Four only) which is detailed in schedule 'A' to the petition.

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That all other items of the properties belonging to Sri. Anisingaraju Venugopal except schedule 'A' and schedule 'B' properties have been acted upon by the beneficiaries. The affidavit of Assets and Liabilities is produced along the petition as Annexure-F.

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That all other bequeaths made in paragraphs I(1), II(1), II(3), II(3)(i), II (3)(ii), II(3)(iii), II(3)(iv), II(4) have been complied with.

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That the petitioner Nos. 2 to 4 being the children of Sri. Anisingaraju Venugopal, have no objection in grant of Letters of Administration in favour of petitioner No.1 to carry out the transfers.

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That no other person other than the petitioner No.1 has any right, title, interest or claim in respect of amounts specified in schedule 'A' and the property described in schedule

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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'B' by virtue of Will dated 05.09.2015. That upon the demise of petitioner No.1, petitioner Nos. 2 to 4 are entitled to the bequest.

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That the signature of the testator namely, Sri. Anisingaraju Venugopal on the Will dated 05.09.2015 was witnessed by petitioner No.1 and Challa Narasimha Reddy , a resident of Hyderabad. The said witnesses have testified to the authenticity to the Will by filing their affidavits along with the petition.

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This Court by order dated 07.08.2023 had allowed application in IA No.1/22 filed under Section 151 of CPC dispensing notice to the Deputy Commissioner regarding valuation of the estate of late Sri. Anisingaraju Venugopal as the petitioner No.1 was ready and willing to pay the maximum Court fee prescribed under the Act.

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By order dated 07.09.2023 this Court had allowed application in IA No.2/23 permitting the petitioner to take out citation by way of newspaper publication in "The Hindu" and "Prajavani" of Bengaluru edition to be taken on or before 22.9.2023 by showing the next date of hearing as 06.10.2023.

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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By memo dated 06.10.2023 newspaper publications in "The Hindu" and "Prajavani" of Bengaluru edition dated 22.9.2023 with citations have been published as directed by this Court, are produced.

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That on 06.03.2023 the petitioner No.1 and the attesting witnesses were directed to appear before the Central Project Coordinator (CPC) to record the evidence. They have been examined as PW.1 and PW.2. Five documents namely, (1) digitally signed Sale deed, (2) True copy of statement of account issued by the ICICI Bank, (3) True copy of summary of accounts issued by ICICI Bank, (4) Death Certificate of A.Venugopal and (5) Unregistered Will dated 05.09.2015 executed by Anisingaraju Venugopal and the signatures of the testators and the said witnesses have been marked as Ex.P1 to Ex.P5 and Ex.P5(a) to (c) respectively.

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Heard. Perused the records.

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Perusal of affidavits, evidence and the exhibits

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reveal that Will dated 05.09.2015 has been executed by Sri.Anisingaraju Venugopal, who died on 04.10.2015. The

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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witnesses were present when the Will was executed by the testator who thereafter have affixed their signatures.

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In view of the aforesaid factual aspect of the matter and as there is no objection filed by anyone and no one has appeared and opposed the grant of Letters of Administration, the petitioners being the legal heirs of late Sri. Anisingaraju Venugopal are entitled to succeed to the estate of the deceased. Therefore, they are entitled to the grant of Letters of Administration and this petition deserves to be allowed.

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Accordingly, I proceed to pass the following;

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ORDER

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(i) The petition is allowed.

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(ii) The Registry is directed to issue the Letters of Administration in the name of the petitioner

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No.1 to have effect throughout State of Karnataka. The filing of the security bond is dispensed with. However, petitioner No.1 shall execute a security bond since she is a GPA holder on behalf of the other petitioner No.1.

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NC: 2024:KHC:11971 PROB.CP No. 20 of 2023

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(iii) Further, the inventories shall be submitted before this Court within six months and final accounts shall be submitted within twelve months.

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(iv) The registry is directed to draw up Letters of Administration on payment of requisite Court fee.

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Sd/JUDGE

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RU List No.: 1 Sl No.: 29

Smt Anisingaraju Venkata Ramanamma v. Nil

Case brief

What is this about?

What did the court decide?

Smt Anisingaraju Venkata Ramanamma v. Nil

Case brief

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What did the court decide?

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