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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

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