IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA PROB.C.PNo.5/2016 BETWEEN:
1. DR.(MRS)SANDHYA SUVARNA WIFE OF RAJAKRISHNAN V D/O LATE B BALAKRISHNA SUVARNA AGED ABOUT 36 YEARS RESIDING AT B4, 524 TUNGABHADRA NATIONAL GAMES VILLAGE KORAMANGALA BAGNALORE-560 047 2. MR. VIVEK SUVARNA S/O LATE B BALAKRISHNA SUVARNA AGED ABOUT 38 YEARS PRESENTLY RESIDING AT 562 UPPER EAST COAST ROAD 04-11, BLEU @ EAST COAST SINGAPORE-466 581 REP. BY HIS POWER OF ATTORNEY HOLDER DR. (MRS.) SANDHYA SUVARNA WIFE OF RAJAKRISHNAN V D/O LATE B BALAKRISHNA SUVARNA AGEDA BOUT 36 YEARS RESIDING AT B4, 524 TUNGABHADRA NATIONAL GAMES VILLAGE KORAMANGALA BANGALORE-560 047 ... PETITIONERS (BY SRI MARUTHI S H, ADV. FOR SRI JOSHUA HUDSON SAMUEL, ADV.) AND:
NIL ... RESPONDENT THIS PETITION IS FILED U/S 278 PARTS VIII AND IX OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW THE PETITION AND PERMIT THE PETITIONERS TO ADMINISTER THE ASSETS OF THE DECEASED UNDER LETTERS OF ADMINISTRATION GRANTED BY THIS COURT AND THE SAME TO HAVE EFFECT THROUGHOUT UNION OF INDIA, AND ETC.
THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court seeking that letters of administration be granted by this Court to administer the assets left behind by deceased B.Balakrishna Suvarna.
2. Petitioner No.1 is the daughter, petitioner No.2 is the son of deceased B.Balakrishna Suvarna who died intestate on 15.01.2016. The petition as also the affidavit of the said petitioners would refer to the movable and immovable properties left behind by the deceased. Since the same is to be administered, the petitioners are seeking issue of Letters of Administration.
3. The notice of filing of this petition by paper publication was ordered to be taken out on 29.04.2016. The publication has been made and the same was taken on record on 16.06.2016. No person claiming interest in any of the assets left behind by the deceased has approached this Court opposing this petition.
4. In that light, I have heard the learned counsel for the petitioners and perused the petition papers. In addition to the averments as contained in the petition, the petitioner No.1 who is the Power of Attorney holder on behalf of Petitioner No.2 also has sworn to the affidavit dated 09.08.2016 by way of evidence referring to the averments as put forth in the petition.
5. In that background, a perusal of the petition papers would disclose that late B.Balakrishna Suvarna expired on 15.01.2016 and his wife expired on 13.06.2012. The petitioners are the only legal representatives left behind by the deceased B.Balakrishna Suvarna. A perusal of the affidavit of assets along with the petition would indicate that apart from the cash held in different accounts as mentioned therein, the deceased also owned immovable properties referred to in the affidavit. Apart from the petitioners there are no other claimants and in that circumstance, since the deceased has not made any document for disposing the property nor a testamentary document, the assets as left behind is to be administered by the petitioners for their benefit.
6. In that view, the prayer as sought in the petition is granted. Taking note of the submission put forth by the learned counsel for the petitioners that there is no other claimants, the Letters of Administration to administer the assets indicated in the affidavit of assets be granted. The filing of the security bond by the surety is dispensed. However, the petitioners shall execute security bond. Further, the inventories and the final accounts shall be submitted to this Court before the end of six months. Registry is directed to draw up the Letters of Administration on payment of requisite Court fee.
The petition is disposed of accordingly.
Sd/- JUDGE akc/bms