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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Leela Vaidyanathan, W/o. Late N. Ramanarayanan – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. deceased siblings' hierarchy and relation. (Para 2) |
| 2. court's decision on application denial. (Para 3) |
| 3. legal precedent on letters of administration. (Para 4) |
| 4. final order of court allowing petition. (Para 5) |
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this court seeking the following prayers:
"i. to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing order dated 18.06.2025 passed by the Hon'ble LXXIII Additional City Civil Court and Sessions Judge Mayo Hall, Bengaluru in P & SC NO.25010/2020 on IA filed by Petitioner under Section 151 of Code of Civil Procedure and to direct the office to issue the letters of Administration in the name of Petitioner (i.e. Annexure-A) by allowing the I.A filed by the Petitioner in the Hon'ble Trial Court in P & SC No.25010/2020 i.e. Annexure - B.
ii. to award costs and grant such other relief as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity."
2. The petitioner is the sister of one V. Annapurna, who dies on 20.02.2003. The V. Annapurna had 2 siblings. The V. Annapurna dies leaving behind two survivors, one is V. Saro
In cases involving letters of administration, substitution of parties is permissible to avoid unnecessary delays and multiplicity of litigation, particularly when the original petitioner has passed a....
The delay in seeking probate does not necessarily warrant denial, and the jurisdiction for probate or letters of administration is determined by the location and value of the properties, as per the I....
A proceeding for grant of Letters of Administration under Section 278 of the Indian Succession Act can continue despite the death of executors, as the provisions governing probate do not apply.
Legal heirs can be substituted in place of the deceased applicant in probate proceedings, and they have an independent right to apply for Letters of Administration in their own capacity.
The court held that previously granted probate from a competent foreign court is conclusive under Section 228 of the Indian Succession Act, enabling the extension of letters of administration without....
The court has the discretion to allow amendment of a petition from probate to Letters of Administration with the Will annexed, and may dispense with the requirement of furnishing an administration bo....
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