Karnataka High Court
Mrs.Neelam Aggarwal vs Nil on 17 January, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 17th DAY OF JANUARY 2014
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
PROBATE CIVIL PETITION No.04 OF 2013
BETWEEN:
Mrs. Neelam Aggarwal,
Aged 60 years,
Widow of late Ramesh Dharampal
Aggarwal, presently residing at
No.1102, Kalapataru Regency II,
Road No.10 Kalyani Nagar,
Pune - 411 006,
And camping in Bangalore,
Care of Rita Goel,
No.363, 8th Main,
III Block, (Opposite Seva Sadan
Institute), Koramangala,
Bangalore - 560 039.
...PETITIONER
(By Shri. Arjun Rego, Advocate for M/s. Rego and Rego)
AND:
Nil.
...RESPONDENT
2
This Petition filed under Part IX Chapter IV Section 276
read with Sections 232 and 273 of the Indian Succession Act,
1925, praying to grant her letters of Administration with Will
dated 12.12.2011 annexed, to the Estate of the deceased
Ramesh Dharampal Aggarwal, as she is a natural heir, one of
the next of kin and the sole beneficiary of the disposable estate
of the said deceased Ramesh Dharampal Aggarwal, having
effect throughout the Union of India, together with her Costs,
Counsel's fee, and such further or other reliefs as this Hon'ble
Court deems fit or the nature of the case requires.
This Petition coming on for Orders this day, the court
made the following:
ORDER
Heard the learned counsel for the petitioner.
2. Notice of the petition having been taken out by way of paper publication, copy of which is furnished, there is no objection from any quarter and there are no respondents. The petitioner is said to be the widow of Ramesh Dharampal Aggarwal. Aggarwal died on 26.01.2012 at Pune, Maharashtra State. The petitioner has produced a certificate of death issued by the Pune Municipal Corporation, State of Maharashtra. Ramesh Dharampal Aggarwal was an Indian national and a 3 permanent resident of Pune. It is stated that he had a fixed place of abode at Pune, but during five years prior to his death, he was domiciled in the cities of Bangalore and Mysore, in the State of Karnataka. He was a Hindu by religious denomination and hailed from a sect known as Aggarwals and was an assessee under the Income Tax Act, 1961. He had married the petitioner and resided with her till his death on 26.01.2012. He has two children, a daughter Bhavika Aggarwal and a son Karan Aggarwal. It is stated that the surviving legal heirs of the deceased are the petitioner - his widow, a son and daughter named above and his mother Smt. Kamla Dharampal Aggarwal, presently residing at No.32, Talera Housing Society, Kalyani Nagar, Pune-411 006. The deceased is said to have left behind a 'Will' dated 12.12.2011 executed in Pune, Maharashtra. It is claimed that it was executed when he was of sound mind and body and was duly attested by one Ms. Mehru R. Jamooji of Pune and Ms. Sadhna Garg. However, it is also stated that he did not choose to appoint an Executor or Executrix to 4 administer his Estate and therefore, the petitioner seeks that she be permitted to represent the Estate by grant of letters of administration with the Will annexed and undertakes to prove the Will in common form. That the petitioner claims as a universal legatee under the 'Will' and being the widow of the deceased, claims to be best suited to be appointed as the Administratrix of his Estate and hence, the petition.
3. The petitioner has filed an 'Affidavit of valuation' setting forth the property and credits, which the deceased had possessed of, or was entitled to, at the time of his death and which are likely to go to her hands so far as the petitioner has been able to ascertain or is aware. The said assets are valued at Rs.1,46,41,873/- and the amount of assets which are likely to come to the petitioner's hands does not exceed in the aggregate the said sum. The net amount of the assets that are likely to come to her hands after lawful deduction, is under the value of Rs.1,38,21,259/-. The petitioner has undertaken to administer 5 the property and credits of the deceased and to make a full and true inventory and to exhibit the same before this Court. It is also stated that the major parts of the assets of the deceased are situated in different cities in the State of Karnataka and the assets exceeding Rs.15,000/- of value are situated beyond the territories of the State of Karnataka, in the State of Maharashtra and hence, the present petition seeking grant of letters of administration with the Will annexed to the Estate of the deceased.
4. The petitioner has filed the affidavit of valuation and an affidavit verifying the petition.
Miss Mehru R. Jamooji has verified the 'Will' at the foot of the petition, to declare that, she was an Attesting witness along with one Miss Sadhna Garg to the last Will and Testament of the said deceased Ramesh Dharampal Aggarwal. The notice of the petition was advertised in both Bangalore and Pune, copies of the paper publications are produced. 6
As there are no opposing respondents and since the petitioner has sufficiently established her bona fides, the petition is allowed. The letters of administration with the Will annexed, is granted to the Estate of the deceased Ramesh Garanpal Agarwal, which shall have effect throughout the Union of India. The petitioner shall administer the property and credits of the deceased and shall make a true inventory thereof and exhibit the same in the Court, within six months from today and render a true account of the property and credits, within one year. The petitioner shall execute an Administration Bond in the requisite format.
Sd/-
JUDGE KS