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.CP. No.2/2017 BETWEEN:
1. MRS. RADHA SUNIT PATEL D/O LATE TRIBHUWAN NARAYAN SINGHAL AGED ABOUT 58 YEARS R/A 8664, SLATE RIDGE COURT SYLVANIA, OHIO-43560 USA AND PRESENTLY AT NO.349, IST BLOCK, 6TH MAIN, KORAMANGALA BENGALURU-560034 2. MR. ASHOK SINGHAL S/O LATE TRIBHUWAN NARAYAN SINGHAL AGED ABOUT 56 YEARS R/A #1161, VALPARAISO AVE MENLO PARK, CA 94025, USA REP. BY HIS SPECIAL POWER OF ATTORNEY HOLDER-
MRS GITANJALI SINGHAL 3. MRS. GITANJALI SINGHAL D/O LATE TRIBHUWAN NARAYAN SINGHAL AGED ABOUT 50 YEARS R/A NO.349, IST BLOCK 6TH MAIN, KORAMANGALA BENGALURU-560034 ... PETITIONERS (BY SRI VIVEKANAND ANTHONY BRITTO, ADV.) AND:
NIL ... RESPONDENT THIS PETITION IS FILED UNDER PART IX [SECTION 278] OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO GRANT LETTERS OF ADMINISTRATION IN RESPECT OF THE ESTATE OF MR. TRIBHUWAN NARAYAN SINGHAL ALSO KNOWN AS MR.
T.N. SINGHAL AND MRS. NALINI SINGHAL ALSO KNOWN AS MRS. T.N. SINGHAL, BOTH DECEASED, IN COMMON FORM, IN FAVOUR OF THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER SECTION 278 OF THE INDIAN SUCCESSION [AMENDMENT] ACT, 2002; 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 grant of Letters of Administration to administer the estate left behind by late Tribhuwan Narayan Singhal also known as Sri T.N.Singhal and also the assets left behind by Smt.Nalini Singhal.
2. Petitioners are the daughters and son of late T.N.Singhal and Smt.Nalini Singhal. The Certificate of Death indicates that T.N.Singhal expired on 15.09.2016 and Smt.Nalini Singhal pre-deceased him as she died on 30.05.2016. The affidavit of assets filed along with this petition refers to the assets left behind by them. Apart from the shares and cash held by them, the immovable property to which reference is made was also owned by them. In that view, since the deceased have not left behind any testamentary document, the petitioners are before this Court seeking issue of Letters of Administration.
3. This Court through the order dated 09.06.2017 had directed the petitioner to take out publication of notice of filing this petition in the newspaper as referred to therein. The same has been taken on record on 30.06.2017. Though sufficient publication was made, no person has approached this Court opposing the instant petition. In addition to the averments as stated in the petition and supported by verifying affidavit, the list of assets had been filed by way of affidavit sworn to by all the petitioners. Since the deceased has left behind the movable and immovable assets, the same are required to be administered.
4. Hence, the prayer as made in the petition is accepted. Taking note of the submission put forth by the learned counsel for the petitioners that there is no other claimant, the letters of Administration to administer the assets indicated in the affidavit of assets is 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 accordingly disposed of.
Sd/- JUDGE akc/bms