Letters of administration are granted under Section 276 of the Indian Succession Act when the petitioner is the sole legal heir and no other probate applications exist.

J U D G M E N T

This is a petition filed under Section 276 of the Indian Succession Act , 1925 for granting letters of administration with the will annexed.

2. Annexure A2 is a copy of the will executed by the father of the petitioner on 13.01.2016 at Kottayam and registered as document No.4 of 2016 in Book No. 8 of Kottayam Principal Sub Registry. Father of the petitioner passed away on 05.01.2022. Annexure A1 is a true copy of his death certificate dated 12.01.2022 issued by the County of Contra Costa, Martinez, California, USA.

3. The deceased had left properties within Kottayam District and the city of Bangalore. By the will, the deceased appointed his maternal uncle Sri.C.K.George as the sole executor thereof and in the event of the said executor pre deceased the testator or being unable to act as executor by reason of infirmity, his wife Smt.Alice George as his sole executor. Sri.C.K.George died on 02.06.2017 and hence Smt.Alice George became the sole executor of the will. A copy of the death certificate of Sri.C.K.George dated 03.06.2017 issued by the Ettumanoor Municipality is produced as Annexure A3.

4. Smt.Alice George became unable to act as the sole executor of the will owing to advanced age and ailments. She renounced her executorship by affidavit dated 03.12.2023. Annexure A4 is a copy of the affidavit executed by Smt.Alice George. Wife of the deceased predeceased him on 11.12.2004 and Annexure A5 is a copy of the death certificate dated 16.12.2004 issued by the County of Contra Costa, Martinez, California, USA.

5. The petitioner is the only son and sole legal heir of the deceased. Petitioner submits that he is the only next kin according to the Indian Succession Act , of the deceased. Petitioner has stated the properties the deceased was possessed of, at the time of his death in Schedule I. In Schedule II, the petitioner has stated all items he is allowed to deduct. The petitioner asserts that no other application has been made to any District Court or any other High Court for probate of the will of the deceased and for granting letters of administration.

6. Pursuant to the order dated 12.11.2024, petitioner published notice of the instant proceedings in “Mathrubhumi” Malayalam daily as well as in “New Indian Express” daily having circulation in Kottayam district. Affidavit of one of the witnesses to the last will of the testator has also been filed.

7. Considering the pleadings of the petitioner and also taking note of the affidavit filed by one of the witnesses to the last testament of the testator, I am of the view that this testamentary case can be allowed. The petitioner shall be granted letters of administration with the will annexed, in the format under Schedule VII to the Indian Succession Act , 1925.

The testamentary case is disposed of as above.

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