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.4 OF 2019 BETWEEN:
1. MS.JENNIFER MARY KINGSTON DAUGHTER OF LATE BARBARA AMELIA ALEXANDER AGED ABOUT 73 YEARS RESIDING AT 56 GRANT AVENUE ROSE PARK 5067, SOUTH AUSTRALIA 2. MS.VALERIE ANNE OSMAN DAUGHTER OF LATE BARBARA AMELIA ALEXANDER AGED ABOUT 71 YEARS RESIDING AT 23 A BRIDGE STREET WILSON, WESTERN AUSTRALIA 6107. … PETITIONERS (BY SRI.VIVEKANAND ANTHONY BRITTO, ADV.) AND:
NIL ... RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX, CHAPTER I (SECTION 228) OF THE INDIAN SUCCESSION ACT, 1925, AND GRANT EXTENSION OF GRANT OF LETTERS OF ADMINISTRATION WITH AUTHENTICATED COPY OF THE WILL DATED: 30.03.2015 IN RESPECT OF THE ESTATE OF MRS.BARBARA AMELIA ALEXANDER ALSO KNOWN AS ALEXANDER B.A. (DECEASED). HELD IN INDIA IN STATE BANK OF INDIA, SPECIALISED PERSONAL BANKING BRANCH, ST. MARK’S ROAD, BANGALORE IN COMMON FORM, IN FAVOUR OF THE PETITIONERS WHO ARE THE CO-EXECUTORS/TRUSTEES OF THE WILL DATED: 30.03.2015 OF MRS.BARBARA AMELIA ALEXANDER ALSO KNOWN AS ALEXANDER B.A. (DECEASED) TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER SECTION 228 OF THE INDIAN SUCCESSION ACT, ETC.
THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has prayed for the following reliefs:
(1) Grant Extension of grant of letters of Administration with authenticated copy of the Will dated 30.03.2015 in respect of the estate of Mrs.Barbara Amelia Alexander also known as Alexander B A (deceased), held in India in State Bank of India, Specialized Personal Banking Branch, Sr.Mark’s Road, Bangalore in common form, in favour of the Petitioners who are the co-executors/trustees of the Will dated 30.03.2015 of Mrs.*Barbara Amelia Alexander also known as Alexander B.A.(deceased) to have effect throughout the Union of India as per Section *228 of the Indian Succession Act.
(2) Allow for such other relief as this Hon’ble High Court may deem fit to grant, in the interest of justice and equity.
2. Under Part *IX Chapter 1, (Section 228) of the Indian Succession Act, 1925, petitioners are the daughters of late Mrs.Barbara Amelia Alexander. Mrs. Mrs.Barbara Amelia Alexander migrated to Australia *Corrected vide Court order dated: 13.09.2019 about 50 years ago along with her husband and two daughters. Mr.Charles Bacon James Alexander predeceased his wife in Australia on 15.04.1980. The will dated 30.03.2015 was proved in abroad before the Supreme Court of South *Australia, Testamentary Causes Jurisdiction, granted on 26th October 2015 in respect of the Estate of Mrs Barbara Amelia Alexander (deceased) arising on account of the death of Mrs.Barbara Amelia Alexander (deceased) also known as Alexander B.A, who died at 24 Avenue Road Glynde, SA 5070, South Australia on 25.04.2015. Alexander B.A., was residing at 24 Avenue Road Glynde, S A 5070 at the time of her death which was her fixed place of abode. Application for grant of probate of the said will to the Supreme Court of South Australia, and obtained grant of *probate of the will on 26.10.2015 vide document No.4. In this background, petitioner’s claim in respect of Rs.4,52,916.87 which asset stands in the name of Mrs.Barbara Amelia Alexander (deceased) also known as Alexander B A. The said *Corrected vide Court order dated: 13.09.2019 assets after deducting all items which are allowed to be deducted according to the procedure of law is approximately Rs.4,52,916.87. Petitioner undertakes to pay the Court fee in terms of Article 6 of the Karnataka Court Fees and Suits Valuation Act, 1958 amounting to Rs.16,616/- for grant of extension of Letters of Administration. Petitioners who are none other than the co-executors/trustees of the will of the deceased and they undertake to make true and full inventory and exhibit the same in this Court within a period of 6 months from the date of extension of *grant of Letters of Administration with authenticated copy of the will dated 30.03.2015.
3. In view of the above facts and circumstances, the petition is allowed. The *extension of grant of Letters of Administration with authenticated copy of the will dated: 30.03.2015 to be granted in terms of the above order. The petitioner shall act in terms of the order. The petitioner shall act in terms of the WILL, file list of inventories and the *Corrected vide Court order dated: 13.09.2019 affidavit of compliance before this Court within six months and accounts within one year.
Sd/- JUDGE Brn