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.13 OF 2018 BETWEEN:
MRS.RUBY PHILOMENA REBELLO ALSO KNOWN AS RUBY REBELLO WIFE OF LATE WING COMMANDER (RETD) IAN ANTHONY REBELLO AGED ABOUT 82 YEARS RESIDINT AT 1290 “RUBIAN”
13TH CROSS, BINNAMANGALA II STAGE NOT KNOWN AS INDIRANAGAR II STAGE BENGALURU-560 038 … PETITIONER (BY SRI.VIVEKANAND ANTHONY BRITTO, ADV.) AND:
NIL ... RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTION 278) OF THE INDIAN SUCCESSION ACT OF 1925, PRAYING THIS HON’BLE COURT TO GRANT LETTER OF ADMINISTRATION IN RESPECT OF THE ESTATE OF WING COMMANDER (RETD) IAN ANTHONY REBELLO DECEASED, IN COMMON FORM, IN FAVOUR OF THE PETITIONER TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER SECTION 278 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 sought for the following reliefs:
(a) Grant Letters of Administration in respect of the estate of Wing Commander(Retd) Ian Anthony Rebello deceased, in common form, in favour of the Petitioner to have effect throughout the Union of India as per Section 278 of the Indian Succession (Amendment) Act, 2002.
(b) Allow for such other relief as this Hon’ble High Court may deem fit to grant, in the interest of justice and equity.
2. Wing Commander (Retd) Ian Anthony Rebello, s/o late A.Rebello executed a will on 27.09.1994 in favour of his wife Mrs.Ruby Philomena Rebello, who is the petitioner. Petitioner’s husband Wing Commander (Retd) Ian Anthony Rebello executed a will on 27.09.1994. He died on 01.03.1996. In support of the prayer, learned counsel for the petitioner submitted that two witnesses to the will dated 27.09.1994 have filed affidavits vide Annexures ‘C’ and ‘D’ respectively. Petitioner herself filed a declaratory affidavit. That apart, four children of the petitioner filed affidavits on 27.05.2019 stating that they have no objection in respect of execution of the will and allowing the aforesaid petition in favour of the petitioner.
3. Learned counsel for the petitioner submitted that petitioner had notified the will and its execution read in the English Daily “The Hindu” and Kannada Daily “Udayavani”, Bengaluru Edition news papers on 09.10.2019. Since, there were no objectors for execution of the will dated 27.09.1994 executed by the petitioner’s husband in favour of the petitioner, petition stands allowed.
4. Registry is directed to grant letters of administration of the Will attached in favour of the first petitioner. Necessary Court fee shall be paid by the petitioner. Thereafter, letters of administration shall be drawn by the registry. The list of inventories shall be filed in six months and statement of final accounts within one year.
With the above observations, civil petition stands allowed.
Sd/- JUDGE Brn