The question of title to the property is alien to proceedings under the Indian Succession Act; a Testamentary Court cannot reject an application for Letters of Administration solely on the ground that title deeds were not produced.

IN MFA No.593 OF 2024:

BETWEEN:

1 . KOTA PADMANABH SHENOY

S/O LATE K.S.P. SHANBHOGUE

AGED ABOUT 50 YEARS

RESIDING AT: 9, FIELD CREST ROAD,

NEW CANAAN, CT 06840, USA,

ALSO AT:

1385, 24TH MAIN 24TH CROSS, BSK 2ND STAGE

BENGALURU-560 070

REP. BY GPA HOLDER K. SANGEETHA SHENOY ALIAS SANGEETHA PANDITH

2 . K. SANGEETHA SHENOY ALIAS SANGEETHA PANDITH

D/O LATE K.S.P. SHANBHOGUE

AGED ABOUT 52 YEARS

RESIDING AT: 1385, 24TH MAIN 24TH CROSS, BSK 2ND STAGE

BENGALURU-560 070

...APPELLANTS

(BY SRI. ARUN KUMAR K, SENIOR ADVOCATE FOR SRI. SUNDARA RAMAN M.V, ADVOCATE)

AND:

NIL

...RESPONDENT

THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT AGAINST THE ORDER DATED 12.10.2023 PASSED IN P AND SC. No.555/2022 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, CCH.No.6 REJECTING THE PETITION FILED UNDER SECTION 220, 234, 278 AND PARA IX OF THE INDIAN SUCCESSION ACT.

IN MFA No.552 OF 2024:

BETWEEN:

1 . KOTA PADMANABH SHENOY

SON OF LATE K.S.P. SHANBHOGUE

AGED ABOUT 50 YEARS

RESIDING AT: 9, FIELD CREST ROAD

NEW CANAAN, CT 06840, USA

ALSO AT:

1385, 24TH MAIN 24TH CROSS, BSK 2ND STAGE

BENGALURU-560 070

REP. BY GPA HOLDER K. SANGEETHA SHENOY ALIAS SANGEETHA PANDITH

2 . K. SANGEETHA SHENOY ALIAS SANGEETHA PANDITH

DAUGHTER OF LATE K.S.P. SHANBHOGUE

AGED ABOUT 52 YEARS

RESIDING AT: 1385, 24TH MAIN 24TH CROSS, BSK 2ND STAGE

BENGALURU-560 070

...APPELLANTS

(BY SRI. ARUN KUMAR K, SENIOR ADVOCATE FOR SRI. SUNDARA RAMAN M.V, ADVOCATE)

AND:

NIL

...RESPONDENT

THIS MFA IS FILED U/S 299 OF INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DATED 12.10.2023 PASSED IN P AND SC. No.554/2022 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH.No.6 REJECTING THE PETITION FILED UNDER SECTION 220, 234, 278 AND PARA IX OF THE INDIAN SUCCESSION ACT.

THESE MFAs HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.02.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

Miscellaneous First Appeals No.593/2024 and 552/2024 are preferred by the appellants assailing the Orders dated 12.10.2023 passed by the XXIV Additional City Civil and Sessions Judge, Bengaluru City ('trial Court' for short), in P and SC No.555/2022 and 554/2022, respectively.

2. We have heard Shri. Arun Kumar K, learned senior counsel as instructed by Shri. Sundara Raman M.V, learned Advocate appearing for the appellants in both the appeals.

3. The facts of the case are as follows:-

Appellants are the children of Shri. K.S.P. Shanbhogue and Smt. K. Vinutha Shanbhogue and their sole surviving legal heirs. The appellants father passed away on 02.12.2020 and their mother died on 08.05.2021. It is contended that the schedule properties were left behind by their parents.

The appellants filed P&SC No.554/2022 under Sections 220 , 234, 278 and Part IX of the Indian Succession Act, 1925, for issue of Letters of Administration in favour of the appellants with respect to the estate of Late Smt. K. Vinutha Shanbhogue and P&SC No.555/2022 under Sections 220 , 234, 278 and Part IX of the Indian Succession Act, with regard to properties standing in the name of Late Shri. K.S.P. Shanbhogue before the trial Court. In compliance with the Order of the trial Court, the appellants published notice in two local newspapers on 29.12.2022, calling upon any person to file their objection to grant of Letters of Administration in favour of the appellants. No objectors appeared in spite of issuance of public no