2023 Supreme(Online)(KAR) 11510
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NC: 2023:KHC:28228
PROB.CP No. 20 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
PROBATE CIVIL PETITION NO. 20 OF 2022
BETWEEN:
KIRAN JOSEPH. K. A.
S/O LATE K. J. ANTONY
AGED ABOUT 32 YEARS
NO. 432, 8TH CROSS
DOMLUR LAYOUT
BENGALURU, -560 071.
… PETITIONER
(BY SMT.TEJASWINI B.R., ADVOCATE FOR
SMT.SMITHA R B.,ADVOCATE)
AND:
NIL .. RESPONDENT
THIS PROBATE CIVIL PETITION IS FILED SECTIONS 33(a)
219(d), 278 & 300 OF THE INDIAN SUCCESSION ACT, 1925
PRAYING THAT LETTERS OF ADMINISTRATIONBE BE GRANTED
TO HIM IN RESPECT OF THE ESTATE OF THE DECEASED.
THIS PROBATE CIVIL PETITION COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
Digitally signed
by
GAVRIBIDANUR
SUBRAMANYA
GUPTA
SREENATH
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:28228
PROB.CP No. 20 of 2022
Heard learned counsel - Smt. Tejaswini B.R. on behalf of
learned counsel - Smt. Smitha R.B for the petitioner.
2. This petition is filed by the petitioner seeking grant of
Letters of Administration in his favour pertaining to estate of
the deceased - K.J. Antony, who is none other than his father.
3. It is contended that Sri K.J. Antony died on
15.07.2021 at his residence i.e. No.432, 8th Cross, Domlur
layout, Bengaluru-560 071, which is within the jurisdiction of
this Court. The deceased - K.J. Antony was a Christian by
religion and he died intestate on 15.07.2021. The original death
certificate of the deceased issued by the Chief Registrar of
Births and Deaths, Bengaluru is produced at Annexure-A to the
petition. The deceased, upon his death has left behind three
legal representatives viz., his widow - Mrs. Rita A Antony and
two children - Mr. Arun Jose and Mr. Kiran Joseph K.A. The
widow and one of his sons - Mr. Arun Jose have issued letters
in favour of the petitioner stating that they have no objection to
the petitioner herein applying and obtaining the Letters of
Administration in respect of estate of the deceased - K.J.
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Antony. The said letters of widow and one of the sons are
produced at Annexure-B to the petition.
4. During the life time of the deceased - K.J. Antony, he
possessed moveable as well as immovable properties located
within the jurisdiction of this Court, morefully mentioned in the
Schedules to the petition i.e., Schedule - A and Schedule-B.
Schedule-A comprises of item Nos.1, 2 and 3, which are
moveable properties and Schedule-B comprises of immovable
property in which the deceased himself was residing till his last
breath.
5. It is stated that the deceased left behind unpaid
dividends and shares transferred to Investor Education and
Protection Fund account as a result of him holding equity
shares in Grasim Industries Limited bearing Folio No.199080.
The dividends totally worth a sum of INR 15,750/-. The
deceased also held 1050 equity shares of the Gwalior Rayon
Silk Manufacturing (Weaving) Company Limited, which was
subsequently renamed as Grasim Industries Limited having
face value of Rs.10/- each. It is also stated that in addition to
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the above, the deceased also held 4,800 equity shares in TATA
Motors Limited, with a face value of INR 2/-.
6. Apart from the above moveable properties mentioned
morefully in the Schedule-A (item Nos.1 to 3), the deceased
possessed immovable property measuring to an extent of 1550
square feet in the property bearing No.432, 8th Cross, Domlur
layout, Bangalore-560 071, which was purchased by him from
one Mrs. Sharada, Mr. V.R. Ravindra and Mrs. R. Umadevi vide
registered sale deed dated 18.10.1984 which is specifically
mentioned in Schedule-B to the petition.
7. The mother and brother of the petitioner have
authorized the petitioner to apply and obtain the Letters of
Administration in his favour in respect of estate of the deceased
- K.J. Anotny which is set out in Schedules -A and B to the
petition. So also it is stated that the properties are situated
within the jurisdiction of this Court and that the deceased had
permanent place of abode in Schedule-B immovable property,
where he breathed his last. That was the fixed place of abode
to the deceased and his wife and two children. In view of the
no objection letters having been given by the mother and
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brother, the petitioner is before this Court claiming Letters of
Administration in his favour in respect of estate of the deceased
- K.J. Antony.
8. It is also stated that gross and net value of the assets
of the deceased that are likely to come into the petitioner's
hands does not exceed the sum of INR 1,91,26,548.12 as on
the date of filing this petition. Petitioner also stated that the
value of the present petition for the purposes of the Court fee is
INR 38,970/- and he undertakes to pay the Court fee as
contemplated under Section 53 (1) of the