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NC: 2024:KHC:31640
PROB.CP No. 2 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07THDAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
PROBATE CIVIL PETITION NO.2 OF 2024
BETWEEN:
1. MR. SHOBHANA SRIDHARAN
ALIAS SHOBHANA NAGARAJAN DIKSHIT,
D/O LATE KUPPUSWAMY NAGARAJAN,
AGED ABOUT 59 YEARS,
RESIDING AT: 16 GATES ROAD, MORRISTOWN,
NEW JERSEY, 07960, USA,
REP. BY HER DULY CONSTITUTED
POWER OF ATTORNEY HOLDER
MR. KANNAN SRIDHARAN,
AGED ABOUT 63 YEARS,
RESIDING AT NO.007, BLOCK-I,
SERENE URBANA, PUJANAHALLI,
BENGALURU.
KARNATAKA - 562 110.
2. MR. NAGARAJAN SRIVATSAN
ALIAS SRIVATSAN NAGARAJAN DIKSHIT
S/O LATE MR. KUPPUSWAMY NAGARAJAN,
AGED ABOUT 55 YEARS,
RESIDING AT: 1578, DEERFOOT DRIVE,
DIAMOND BAR, CALIFORNIA,
UNITED STATES OF AMERICA - 91765. …PETITIONERS
(BY SMT. NIDHISHREE B V., ADVOCATE)
AND:
NIL
…RESPONDENT
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THIS PROB.CP IS FILED UNDER SEC 278 R/W SECTION
218, SECTION 273, SECTION 274 AND SECTION 300 OF THE
INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT THE
LETTERS OF ADMINISTRATION TO THE PROPERTY AND
CREDITS OF THE SAID DECEASED, TO THE FIRST PETITIONER,
TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA; AND
ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
Heard Smt. Nidhishree B.V., learned counsel appearing for petitioners.
2. This petition is filed by the petitioners under Section 278 read with Sections 218, 273, 274 and 300 of the Indian Succession Act, 1925, seeking letters of Administration in respect of movable and immovable property and credits to the petitioner No.1.
3. It is stated in the petition that the petitioners are the daughter and son of late Kuppuswamy Nagarajan. It is also stated that the father of the petitioners Kuppuswamy Nagarajan died on 08th April, 2023 as per the death certificate produced at Annexure-D. It is also stated in the petition that the mother of the petitioners died on 31stDecember, 2022 and the death certificate is produced at Annexure-F to the petition and therefore, it is the contention of the petitioners that, as the parents of the petitioners died and as such, the petitioners are entitled to the assets left behind by their parents.
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4. It is also stated in the petition that the immovable properties set out at Schedule-I and movable properties set out at Schedule-II are belonging to the father of the petitioners late Kuppuswamy Nagarajan, and accordingly, the petitioners have filed this petition seeking issuance of letters of Administration.
5. Pursuant to the filing of this petition, with regard to objections if any, to be filed regarding the issuance of the letters of Administration, notification was published in "Udayavani" Kannada daily newspaper and "The Hindu", English daily newspaper, Bengaluru Edition having wide circulation in Bengaluru Urban and Rural Districts. It is also to be noted that the immovable properties are situated in Bengaluru District, as per Schedule-I in Annexure-A to the petition.
6. This Court, having taken note of the averments made in the petition and as the petitioners have disclosed the assets of their father late Kuppuswamy Nagarajan, so also, the petitioner No.1 has undertaken to administer the assets and credits of late Kuppuswamy Nagarajan in the event of grant of letters of Administration in favour of the petitioners, taking into consideration the fact that, as there is no objections raised by any other person with regard to grant of letters of Administration in favour of petitioners, I am of the opinion that there is no impediment for this Court to grant letters of
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Administration in favour of the petitioners. Further taking in to account the fact that the petitioner No.2 has filed affidavit stating that he has no objection to issue the letter of Administration in favour of the petitioner No.1, the petitioner No.1 is entitled to be granted letters of Administration subject to the petitioner No.1 administering the properties and credits of the deceased and to make a full and true inventory thereof and to exhibit the same within six months from the date of receipt of this order and to render true account of the property/properties within one year thereof. On payment requisite stamp, the Registry shall draw the letters of administration in favour of the petitioner No.1, subject to the petitioner No.1 filing an administration bond, binding herself as required. Accordingly, petition is Allowed.
SD/-
(E.S.INDIRESH)
JUDGE
VS
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