Allowed

Mrs Maureen C Joseph v. Nill

Karnataka HC20 Feb 2024PROB.CP/9/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a probate petition filed by the daughter-in-law and granddaughters of the deceased, as well as his daughter, seeking letters of administration. With no objections from any party, the court granted administration and directed the filing of an inventory and accounts.

What did the court decide?

Issued letters of administration to the petitioners subject to furnishing an administration bond and submitting an inventory within six months.

Mrs Maureen C Joseph Vs Nill — Succession and Inheritance | Karnataka HC (2024)

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL PROBATE CIVIL PETITION NO. 9 OF 2022

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BETWEEN:

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MRS MAUREEN C. JOSEPH W/O LATE MR.BIBEL JOSEPH THARIAN AND DAUGHTER-IN-LAW OF THE ABOVE NAMED DECEASED AGED ABOUT 42 YEARS

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MISS BIBINA MARY JOSEPH D/O LATE MR BIBEL JOSEPH GRANDDAUGHTER OF THE ABOVE NAMED DECEASED

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AGED ABOUT 15 YEARS

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

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MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER MRS.MAUREEN C JOSEPH.

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MISS MICHELLE DANA JOSEPH D/O LATE MR.BIBEL JOSEPH GRANDDAUGHTER OF THE ABOVE NAMED DECEASED AGED ABOUT 12 YEARS

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MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER MRS.MAUREEN C JOSEPH.

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PETITIONERS 1 TO 3 ALL ARE PRESENTLY R/AT NO.56, GROUND FLOOR, 3RD CROSS,

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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RAJANNA LAYOUT, NEAR SHILPA BAKERY, HORAMAVU AGARA, BENGALURU-560 043.

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MRS.BABILA MARY THARIAN AGED ABOUT 36 YEARS D/O THE ABOVE NAMED DECEASED W/O MR BASIL ISSAC PRESENTLY R/AT NO.109 PARAMOUNT SUMADURA SERENE MANIPAL COUNTY ROAD, SINGASANDRA, BENGALURU-560 068.

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…PETITIONERS

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(BY Ms.ANN MARY GREEN, 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 GRANT LETTERS OF ADMINISTRATION TO THE PROPERTY AND CREDITS OF THE ABOVE NAMED DECEASED JOSEPH THARIAN TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

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THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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ORDER

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Petitioners 1 to 3 claiming to be daughter-in-law and minor grand children respectively and Petitioner No.4 claiming to be daughter of deceased Joseph Tharian have filed this petition under Sections 270, 278 and 300 of Indian Succession Act, 1925 seeking grant of letters of administration to the property and credits of the deceased Joseph Tharian to have effect throughout the Union of India.

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It is contended that deceased Joseph Tharian a Christian by faith passed away at Bengaluru on 13^th day of August, 2012. Annexure-A is the death certificate of Joseph Tharian. That the deceased Joseph Tharian at the time of his death was residing at No.F4, R.M.Residency, I Main, III Cross, NRI Layout, R.M.Nagar, Bengaluru -560 016, which was his fixed place of abode within the jurisdiction of this Court.

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That the said deceased Joseph Tharian left behind him the petitioner No.1 -Mrs.Maureen C. Joseph, (daughter-inlaw and grand children being wife and children of his deceased son Mr.Bibel Joseph) Petitioner No.2 - Mrs.Bibina Mary Joseph Petitioner No.3 - Ms.Michelle Dana Joseph and Petitioner No.4-

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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Mrs.Babila Mary Tharian, being his only legal heirs to succeed to his estate.

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That Mrs.Lila Tharian, wife of deceased Joseph Tharian stated to have passed away on 28.08.2020. His son Mr.Bibel Joseph is stated to have passed away on 30.05.2021. Copies of their death certificates are produced at Annexure-B and Annexure-C.

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The petitioners initially had filed an affidavit along with valuation of movable and immovable properties of the deceased Joseph Tharian, along with the petition showing the total value of the said assets of deceased Joseph Tharian as Rs.90,50,000/- (Rupees Ninety Lakhs Fifty Thousand Only).

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That except the petitioners there are no other legal heirs of the deceased Joseph Tharian and that the petitioners are entitled for grant of letters of administration to administer the estate of the deceased.

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The petitioners have undertaken to duly administer the property and credit of the deceased Joseph Tharian and to make a full and true inventory thereof and exhibit the same in this Court within six months from the date of grant of letters of

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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administration in the name of the petitioner No.1. They further undertake to render to this Court a true account of said properties and credits within one year from the said date.

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On admission of the petition, this Court by order dated 09.06.2022 allowed application in I.A.No.1/2022 filed by the petitioners seeking for dispensation of notice to Deputy Commissioner (Urban), Bengaluru, as required under Section 52(2) of the Karnataka Court Fees and Suits Valuation Act, 1958 and Rule 5(a)(iii) governing probate and administration matters, 1964 permitted the petitioners to take out necessary publication in three newspapers namely "The Hindu, Kannada Prabha and Times of India". Office was directed to issue draft publication on 15.06.2022 and the petitioners were directed to take out necessary paper publication by 29.06.2022 notifying the date of hearing as 11.07.2022.

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By memo dated 28.06.2022 counsel for the petitioners furnished copies of the newspapers "Kannada Prabha, The Hindu and Times of India" dated 25.06.2022. By order dated 25.11.2022 this Court taking note of nonappearance of any person opposing the petition had recorded their publication of citation as complete and directed the

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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petitioners to lead evidence before the Central Project Coordinator.

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Thereafter an explanatory memo along with fresh affidavit of asset was filed on 27.03.2023, by the petitioners stating that there had been an error in the affidavit of assets filed along with the petition. Same was taken on record by order dated 06.07.2023 and petitioners were permitted to file amended petition by carrying out the amendment to the petition. Accordingly an amended petition was filed on 17.07.2023. By order dated 06.07.2023 this Court accepted fresh affidavit of assets filed on 27.03.2023 permitted the petitioners to carry out the amendment.

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Evidence by way of affidavit was filed by the petitioner No.1 and deposition was recorded on 19.07.2023.

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That on 17.08.2023 upon submission made by learned counsel for petitioners since in the fresh affidavit of assets property namely immovable property located in Madavaram Village, Saidapet Taluk, Changai, M.G.R.District within the limits of Madavaram Township, District of Madras located in Chennai, coming within the State of Tamil Nadu, this

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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Court permitted the petitioners to once again take out the citation within the local limits of the location of the property in three daily newspapers namely "Times of India, The Hindu and Dinamalar, Tamil local newspaper, Chennai Edition, Tamil Nadu indicating the date of hearing as 19.09.2023.

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A memo dated 19.09.2023 along with copies of newspapers "The Hindu, Times of India and Dinamalar" dated 04.09.2023 are filed. None appeared in response to the said citations.

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Since the evidence was recorded on 19.07.2023 matter was listed on 07.12.2023 and thereafter at the request of petitioners, matter was posted to 14.12.2023 and thereafter on 20.02.2024. Till date neither anyone has appeared in response to the citations nor has objected for grant of letters of administration.

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In the circumstances, petitioners being the only legal heirs of the deceased Joseph Tharian and in view of there being no objections from anyone, the petitioners in the considered view of this Court are entitled for grant of letters of administration.

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NC: 2024:KHC:7302 PROB.CP No. 9 of 2022

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In the result, following:

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ORDER

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Petition is allowed.

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Registry is directed to issue letters of administration in the name of petitioners subject to petitioners furnishing administration bond to enable them to collect the amount due to the estate of the deceased Joseph Tharian.

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Petitioners are also directed to furnish inventory within six months from the date of letters of grant of administration and accounts within one year from the said date.

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Sd/JUDGE

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SBN

Mrs Maureen C Joseph v. Nill

Case brief

What is this about?

What did the court decide?

Mrs Maureen C Joseph v. Nill

Case brief

What is this about?

What did the court decide?

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