Karnataka High Court
Attur Ravindra Prabhu vs Nil on 31 August, 2018
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2018
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
PROB. C.P. No.2/2015
BETWEEN:
1. ATTUR RAVINDRA PRABHU,
SON OF LATE ATTUR VAIKUNTA PRABHU,
AGED ABOUT 74 YEARS,
RESIDING AT NO.11, NAVNEETH
14TH CROSS ROAD, WEST OF CHORD ROAD,
MAHALAKSHMIPURAM,
BANGALORE-560086.
2. SRI SATHYA SAI TRUST (KARNATAKA)
PUBLIC CHARITABLE TRUST,
HAVING ITS REGISTERED OFFICE AT
BRINDAVAN KADUGODI,
BANGALORE 560067.
REPRESENTED BY ITS TRUSTEE
B.R. VASUKI
3. SRI H.A.K. RAO,
CHARTERED ACCOUNTANT,
2/1, CONNAUGHT ROAD,
BENGALURU-560052.
4. SRI NAGESH G. DHAKAPPA,
NO.8/1, 1ST FLOOR, 1ST A MAIN,
2ND A CROSS, I BLOCK,
RMV 2ND STAGE, DOLLARS COLONY,
BENGALURU-560094.
... PETITIONERS
(BY SRI SACHINDRA KARANTH K., ADVOCATE FOR P1 AND P3;
SRI S.S. NAGANAND, SENIOR COUNSEL FOR
SRI S SRIRANGA, ADVOCATE FOR P2;
SRI K. CHANDRANATH ARIGA, ADVOCATE FOR P4)
2
AND:
NIL
... RESPONDENT
****
THIS PROB.C.P. IS FILED UNDER SECTION 372 [PART X]
OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO:- GRANT
SUCCESSION CERTIFICATE TO THE PETITIONER; AND ETC.,
THIS PROB.C.P. COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
After prolonged negotiation between the parties, now, all the petitioners filed a joint compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, duly signed by all the four petitioners and their respective counsel, which reads as under:
JOINT MEMO The parties respectfully submit as under:
1. This petition relates to movable properties forming part of the estate of Sri. Attur Vittal Prabhu, who passed away on 7.9.2016, and his widow Smt. Kasturi Vittal Prabhu, who 3 passed away intestate on 18.09.2008. The couple had no issues. Petitioner No.1 is the brother of Sri. Attur Vittal Prabhu. Under the will dated 23.04.2005 so also as per the deed of trust dated 16.02.2002 executed by Sri Attur Vittal Prabhu, his entire estate after the life time of his widow Smt. Kasturi Vittal Prabhu was to be transferred to Petitioner No.2, which is a public charitable trust founded by Bhagwan Sri Sathya Sai Baba.
Petitioner Nos.3 and 4 are the executors appointed in the will dated 23.04.2005 executed by Sri Attur Vittal Prabhu. Thus, all the interested persons in the estate of Attur Vittal Prabhu and Kasturi Vittal Prabhu are Petitioners in this petition. Citation of this petition having been published in the Hindu and Udayavani newspapers on 19.06.2015, none have come forward to make any claim except for Petitioner No.2.
2. During the pendency of the present petition, all the parties to the present proceedings have discussed and have come to the unanimous decision to give effect to the 4 disposition made by Sri Attur Vittal Prabhu of transferring his entire estate for public charitable purpose by making it over to the sole legatee Sri Sathya Sai Trust (Karnataka), Petitioner No.2 herein. No other person has any interest in the estate. Parties hereby submit that they have agreed to the following terms;
i) Petitioner No.2 has this day paid Sri H.A.K. Rao, Trustee, Attur Vittal Prabhu Family Trust (i.e. Petitioner No.3), a sum of Rs.37,000/- towards expenses incurred in prosecuting the present proceedings by Bankers cheque No.000332 dated 27/8/2018 drawn on Kotak Mahindra Bank, which Petitioner No.3 received and acknowledges in full settlement.
ii) The parties agree that the Succession certificate may be issued to Petitioner No.2 respresented by Sri B.R. Vasuki, its trustee and Convenor. 5
iii) Petitioner No.2 agrees to pay the court fee payable for grant of succession certificate, and complete all other formalities required by law.
iv) The Petitioner No.1, the trustees of Attur Vittal Prabhu Family Trust, and executors of the will of Sri Attur Vittal Prabhu (i.e. Petitioner Nos.3 and 4) are hereby relieved from all further obligations with regard to the estate of Smt. Kasturi Vittal Prabhu and Sri Attur Vittal Prabhu.
v) Petitioner No.2 shall complete all the necessary formalities in these proceedings including payment of the Court fees, filing statements, application etc pursuant to the grant of the Succession Certificate. Petitioner Nos. 1,3 and 4 are relieved of all further obligations in respect of this Petition.
6Wherefore it is prayed that this Hon'ble Court may be pleased to record the above terms of compromise and allow this petition granting Succession Certificate to Petitioner No.2 herein in regard to the movable properties detailed in the petition schedule along with all accretions/interest thereupon up to date, in the interests of justice.
Bengaluru
Date: 31.08.2018
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Advocate for petitioner No.1 (Petitioner No.1)
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Advocate for petitioner No.2 (Petitioner No.2)
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Advocate for petitioner No.3 (Petitioner No.3)
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Advocate for petitioner No.4 (Petitioner No.4)
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2. Heard Sri Sachindra Karanth.K, learned counsel for petitioner Nos. 1 and 3, Sri S.S.Naganand, learned Senior Counsel for Sri S. Sriranga, learned counsel for petitioner No.2 and Sri K. Chandranath Ariga, learned counsel for petitioner No.4. Petitioner Nos. 2 and 4 are present before Court. Though petitioner Nos.1 and 3 are not present before the Court, they have signed the joint compromise petition. Sri Sachindra Karanth, learned counsel identified the signatures of petitioner Nos.1 and 3.
3. Inspite of the paper publication dated 19.06.2015, except Sri Sathya Sai Trust, no other person raised any claim or objection and it is not the case of the petitioners that some body has any right in respect of the schedule 'A' properties, along with the petitioners.
4. Under the compromise petition entered into between the parties, all the petitioners voluntarily 8 submitted that they have no objection to transfer the entire estate of Attur Vittal Prabhu and his wife Kasturi Vittal Prabhu in favour of all the public charitable trust by making it over to the sole legatee Sri Sathya Sai Trust, Karnataka/ petitioner No.2 and no other persons has any interest in the estate. Accordingly, the petitioner No.2 has paid a sum of `37,000/- to H.A.K.Rao, Trustee, Attur Vittal Prabhu Family trust (petitioner No.3) towards expenses incurred in prosecuting the present proceedings by bankers cheque No.000332 dated 27.08.2018 drawn on Kotak Mahindra Bank. The same is acknowledged by petitioner No.3 through his advocate Sri Sachindra Karanth.K, as full and final settlement. Sri Sachindra Karanth, learned counsel for petitioner Nos.1 and 3 duly signed the present compromise petition and identified the signatures of petitioner Nos.1 and 3. The petitioners agreed that the succession certificate may be issued to petitioner No.2 represented by Sri B.R.Vasuki, Trustee 9 and Convenor. Petitioner No.2 also agreed to pay the Court Fee payable for grant of Succession Certificate and complete all other formalities required by law. The petitioner No.1, trustee of Attur Vittal Prabhu Family Trust, and executors of the Will of Sri Attur Vittal prabhu (i.e., petitioner Nos.3 and 4) are relieved from all further obligations with regard to the estate of Smt.Kasturi Vittal Prabhu and Sri Attur Vittal Prabhu. Sri Nagesh G. Dhakappa, petitioner No.4 who is present before Court agreed for the terms of compromise and accepted as duly signed by him and represented by his counsel Sri K. Chandranath Ariga. Sri B.R.Vasuki, Trustee and Convenor is also present before Court. He also acknowledges that he has duly singed the compromise petition in the presence of Sri S.S.Naganand, learned Senior Counsel.
5. The petitioner No.2 shall complete all the formalities of the proceedings including the payment of Court Fee, 10 filing statements, application, etc. for grant of succession certificate. Petitioner Nos.1, 3 and 4 are relieved of all further obligations in respect of present petitioner and they have no objection to grant the probate/succession certificate in favour of the second petitioner.
6. The original petitioner/Attur Ravindra Prabhu has also filed affidavit verifying the contents of the petition. In view of the aforesaid circumstances and compromise entered into amongst petitioners 1 to 4, there is no impediment to grant succession certificate in favour of petitioner No.2.
7. Accordingly, Probate CP is allowed. Succession Certificate is granted in favour of petitioner No.2.
8. This Court appreciated the sincere efforts made by all the learned counsel for the parties to resolve the 11 dispute between the parties. The same is placed on record.
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JUDGE kcm