1. These petitions under S.228 Part IX of the Indian Succession Act, 1925 have been filed by one Mr. Parameshwaran Subramani seeking an ancillary Letter of Administration under the provisions of S.228 of the Indian Succession Act, 1925 (‘Act’ for short) in the absence of the Executor Mr. Adrian Maxwell Kenneth Shedden (Jr) of Unit 3/72, Patrick Street, Clayton North and presently at No.6, Anne Court, Cranbourne, Victoria 3977, Australia , in respect of the Will executed by one Mrs. Dorothy Mavis Shedden, his grand mother and the deceased who died in Clayton, Australia on 29.7.2004.

2. The deceased at the time of her death, had a fixed place of abode at # 29, Leonard Close, Clayton South Victoria 3168 in Australia and left properties in Australia and also at Bengaluru within the State of Karnataka, India.

3. Prior to her death, the deceased made and published her last Will and Testament dated 11.12.1998 naming her grandson, Mr. Adrian Maxwell Kenneth Shedden (Jr) of Unit 3/72, Patrick Street, Clayton North and presently at # 6, Anne Court, Cranbourne, Victoria 3977, Australia, as the Executor of the Will and the Trustee of her estates. The original of the said Will has been filed in the Supreme Court of Victoria, Probate Jurisdiction for obtaining probate of the said Will.

4. On October 7, 2014 the Supreme Court of Victoria, Probate Jurisdiction, granted a probate of the Will of late Dorothy Mavis Shedden who died on July 29, 2004. A certified true copy of the Grant of Representation Annexure C issued by the Supreme Court of Victoria, Probate Jurisdiction, is also produced.

5. Pursuant to the execution of the power of attorney in his favour by the Executor of the Will, the petitioner herein, has filed the above petition for grant of Letters of Administration with copies of the authenticated copies of the Will annexed in respect of the estate of the deceased (testator) in India.

6. The deceased Dorothy Mavis Shedden and her brother George Reginald Upshon were the joint owners of the property bearing New # 6 (Old No.12), Elysium, Moyenville Road, Langfod Town, Bangalore 25. The deceased’s half share in the property is more particularly described in the schedule to the petition.

7. The deceased, at the time of her death, was entitled to 50% of share in the said property (the balance 50% share belonging to her brother George Reginald Upshon), which after her death on 29.7.2004, devolved upon her legal heir, Adrian Maxwell Kenneth Shedden (Jr.)

8. George Reginald Upshon, at the time of his death, had a fixed place of abode at # 20, Arnold Street, Noble Park Victoria 3174, Australia. He left a Will dated 24.3.2010 wherein he appointed Arthur Roy Wayne Towt, as the Executor of the Will. The Executor applied for and obtained probate of the Will from the jurisdictional Court in Australia and has also appointed an attorney to apply for and obtain grant of Letters of Administration of the Indian estate of George Reginald Upshon, from the competent courts in India.

9. The petitioner submits that as the Will of the deceased has been proved and deposited in a court of competent jurisdiction in Australia and a properly authenticated copy of the Will is produced along with this petition, the petitioner is entitled to grant of Letters of Administration with copy of such copy annexed.

10. The schedule property is situated within the jurisdiction of this Court and hence, this Court has jurisdiction to try this petition for grant of Letters of Administration and hence, the petitioner has approached this Court for grant of Letters of Administration of the estate of the deceased, Dorothy Mavis Shedden.

11. The grant of estates which are likely to come into the hands of the petitioner do not exceed in the aggregate sum of Rs.6,50,00,000/- as on January 22, 2016 and the same has been calculated with regard to the market value of the deceased’s half share in the said property. The gross and net amount of the said assets, after deducting all items which