Karnataka High Court
Mrs Mariamma Thomas vs Nil on 2 February, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
PROB.CP No. 1 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
PROBATE CIVIL PETITION NO. 1 OF 2022
BETWEEN:
1. MRS. MARIAMMA THOMAS,
AGED ABOUT 80 YEARS,
CHRISTIAN,
W/O DECEASED ABOVE NAMED AND
PRESENTLY R/AT NO.2, 8TH CROSS,
VICTORA LAYOUT,
BENGALURU - 560 047.
2. 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.
Digitally signed BY HER DULY CONSTITUTED ATTORNEY
by
THEJASKUMAR MRS. MARIAMMA THOMAS,
N MOTHER THE SECOND PETITIONER AS PER
Location: HIGH
COURT OF POWER OF ATTORNEY DATE 25-10-2021
KARNATAKA MARKED 'C'
3. 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,
-2-
PROB.CP No. 1 of 2022
MOTHER THE THIRD PETITIONER AS PER
POWER OF ATTORNEY DATED 3RD NOVEMBER 2021
MARKED 'D'.
4. 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'.
5. 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.
...PETITIONERS
(BY SMT.ANN MARY GREEN., ADVOCATE)
AND:
NIL ...RESPONDENT
THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX
(SECTIONS 270 AND 276) OF THE INDIAN SUCCESSION ACT,
1925, SEEKING CERTAIN RELIEFS.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
-3-
PROB.CP No. 1 of 2022
ORDER
Mrs. Ann Mary Green., learned counsel for petitioners has appeared through video conferencing.
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.
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.
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 -4- PROB.CP No. 1 of 2022 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.
Heard, Mrs.Ann Mary Green., learned counsel for the petitioners.
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."
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.
On 24.02.2022, I.A.No.1/2021 filed by petitioners was allowed. Therefore, the notice to Deputy Commissioner was dispensed with.
-5-PROB.CP No. 1 of 2022
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. 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.
The petition is accordingly allowed.
Sd/-
JUDGE TKN List No.: 1 Sl No.: 11