IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI PROB. CP. NO.7 OF 2019 BETWEEN:
1. MRS.JAMUNA DAMANI W/O.LATE KASTUR CHAND DAMANI ALSO KNOWN AS K.C.DAMANI AGED ABOUT 79 YEARS PERMANENTLY RESIDINT AT NO.17, 12TH CROSS, 1ST STAGE, INDIRANAGAR BENGALURU-560 038 2. MR.RAJ KUMAR DAMANI ALSO KNOWN AS R.K.DAMANI S/O.LATE KASTUR CHAND DAMANI ALSO KNOWN AS K.C.DAMANI AGED ABOUT 63 YEARS PERMANENTLY RESIDINT AT NO.17 12TH CROSS, 1ST STAGE INDIRANAGAR BENGALURU-560 038 PRESENTLY RESIDING AT VILLA #988, ROAD #1728, SAR 517 KINGDOM OF BAHRAIN 3. MR.SUNIL DAMANI S/O. LATE KASTUR CHAND DAMANI ALSO KNOWN AS K.C.DAMANI AGED ABOUT 58 YEARS PERMANENTLY RESIDING AT NO.17, 12TH CROSS, 1ST STAGE, INDIRANAGAR BENGALURU-560 038 4. MRS.SHARMILA KEJRIWAL W/O.MR.VIJAY KEJRIWAL D/O.LATE KASTUR CHAND DAMANI ALSO KNOWN AS K C DAMANI AGED ABOUT 56 YEARS PERMANENTLY RESIDING AT NO.17, 12TH CROSS, 1ST STAGE INDIARANAGAR BENGALURU-560 038 PRESENTLY RESIDING AT F-4 OAKWOOD APARTMENTS, 25 ANDERSON ROAD NUNGAMBAKKAM CHENNAI-600 006 … PETITIONERS (BY SRI.VIVEKANAND ANTHONY BRITTO, ADV.) AND:
NIL ... RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART X, SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925, AND GRANT SUCCESSION CERTIFICATE IN RESPECT OF THE MOVABLE PROPERTIES OF MR.KASTUR CHAND DAMANI ALSO KNOWN AS K.C.DAMANI INTESTATE DECEASED, IN COMMON FORM, IN FAVOUR OF THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA UNDER SECTION 372 OF THE INDIAN SUCCESSION (AMENDMENT) ACT, 2002 AND ETC.
THIS PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has prayed for the following reliefs:
(i) Grant Succession Certificate in respect of the movable properties of Mrs.Kastur CHand Damani also known as K.C.Damani intestate deceased, in common form, in favour of the petitioners to have effect throughout the Union of India under Section 372 of the Indian Succession (Amendment) Act, 2002.
(ii) Allow for such other relief as this Hon’ble High Court may deem fit to grant, in the interest of justice and equity.
2. Mr.K C Damani who died on 24.05.1996 living behind petitioners. Corporation of Madras issued a death certificate on 27.06.1996. *Unclaimed bank balance, shares, unclaimed dividends which stood in the name of late Sri K C Damani are claimed by the petitioners. In order to claim the aforesaid issues, they are entitled for succession certificate.
3. Petitioner Nos.1,2 and 4 have executed Special Power of Attorney in favour of petitioner No.3 to present the petition. Petitioner No.3 has filed a declaratory affidavit pursuant to the Special Power of Attorney issued by petitioner Nos.1, 2 to 4. Petitioners have also notified the issue in the news paper in ‘The Hindu’ and ‘Udayavani’ news papers on 20.03.2019 presented on 22.03.2019 by filing a memo.
*Corrected vide Court order dated: 06.09.2019 4. In view of these facts and circumstances and the fact that no objectors in respect of claim made by the petitioner for issuance of Succession Certificate in order to claim *unclaimed bank balance, shares, unclaimed dividends which stood in the name of deceased K.C.Damani. Registry is hereby directed to issue Succession Certificate.
*Probate Civil Petition No.7 of 2019 stands disposed of in terms of the above order.
Sd/- JUDGE Brn *Corrected vide Court order dated: 06.09.2019 * Corrected vide Court order dated: 06.09.2019