IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA PROBATE C.P.No.15/2018 BETWEEN :
1. Mr. TSUAN CHANG TAN S/O LATE AH HONG AGED ABOUT 77 YEARS (DATE OF BIRTH-14/09/1941) 2. Dr. KENNETH FUI HOO TAN S/O Mr. TSUAN CHANG TAN AGED ABOUT 55 YEARS BOTH ARE R/AT CLASSIC COURT APARTMENTS FLAT NO.2C, NO.21 DA COSTA LAYOUT, 1ST CROSS, COOKE TOWN BENGALURU-560084 3. Ms. VIRGINIA FUI PHING TAN AGED ABOUT 50 YEARS R/AT 1005 WEST ELM STREET KOKOMO, INDIANA-46901 USA, REP. BY HER POWER OF ATTORNEY HOLDER Dr. KENNETH FUI HOO TAN 4. Mr. WALTER FUI HOUNG TAN AGED ABOUT 44 YEARS R/AT EASTERN DRIVE KENDALL PARK, NEW JERSEY-08824, USA REP. BY HIS POWER OF ATTORNEY HOLDER, Dr. KENNETH FUI HOO TAN ... PETITIONERS (BY SRI VIVEKANAND ANTHONY BRITTO, ADV.) AND:
NIL ... RESPONDENT THIS PROBATE C.P. IS FILED UNDER PART X SECTION 372 OF THE INDIAN SUCCESSION ACT 0F 1925, PRAYING TO GRANT SUCCESSION CERTIFICATE IN RESPECT OF THE MOVABLE PROPERTIES OF Mrs. LEE LAIN WOAN (DECEASED AND INTESTATE), 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 COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R This petition is filed by the petitioners under Section 372 of the Indian Succession Act, 1925 seeking for grant of succession certificate in respect of the moveable properties of Mrs.Lee Lain Woan (deceased and intestate) 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.
2. Petitioner No.1 Mr.Tsuan Chang Tan is the husband and petitioners 2, 3 and 4 are the children of Mrs.Lee Lain Woan (deceased). Mrs.Lee Lain Woan is said to have died intestate on 24.08.2017 at Bengaluru. The death certificate of the deceased Mrs.Lee Lain Woan is placed on record as document No.3 to the petition. The petitioner submits that the deceased and Mr. Mr.Tsuan Chang Tan were married on 10.10.1962 and from their wedlock, they had three children namely (1) Dr.Kenneth Fui Hoo Tan (2) Ms. Virginia Fui Phing Tan and (3) Mr. Walter Fui Houng Tan, petitioners 2, 3 and 4 herein. It is submitted that the petitioners are the only legal heirs of Mrs.Lee Lain Woan (deceased). The petitioner submits that Mrs.Lee Lain Woan (deceased) had four accounts in Bank of Maharashtra, Brigade Road Branch, Bangalore. The original statements of account issued by the said Bank are placed on record. The statements of account of the assets which are likely to come to the hands of the petitioners upon the death of Mrs. Lee Lain Woan (deceased) does not exceed in aggregate a sum of Rs.22,15,630.33 (Rupees twenty two lakhs fifteen thousand six hundred and thirty and paise thirty three only).
3. The declaration of notice (citation) was issued in ‘The Hindu’ English daily Newspaper, and ‘Udayavani’ Kannada daily Newspaper, Bengaluru Edition on 12.10.2018 pursuant to the orders of this court dated 05.10.2018. No objectors have approached this court opposing the petition.
4. I have heard the learned counsel for the petitioners and perused the petition papers. Petitioner Nos.3 and 4 are represented by their Power of Attorney holder petitioner No.2. Verifying affidavit is filed by petitioner Nos.1 and 2 Sri.Tsuan Chang Tan and Dr.Kenneth Fui Hoo Tan in support of the averments made in the petition. Affidavit of assets has been filed.
5. Term deposits Annexure-A discloses the valuation of the moveable properties of Mrs.Lee Lain Woan (deceased). Term deposits in bank account is shown as under:
“Annexure-A - Statement of accounts issued by the Bank of Maharashtra, Brigade Road Branch, Bengaluru 560001 – Rs.22,15,630-33 (Rupees twenty two lakhs fifteen thousand six hundred and thirty and paise thirty three only).
Annexure-B is shown as NIL.”
In the circumstances, the petitioners being the children of the deceased Mrs. Lee Lain Woan are entitled to the succession certificate as prayed for.
In the result, the petition is allowed. It is ordered that the succession certificate shall be issued in favour of the petitioners in respect of the deposit in bank accounts as indicated in the affidavit of assets to have effect throughout India subject to payment of requisite court fees. The petitioners shall furnish the list of inventories within a period of six months and the final statement of accounts within a period of one year from the date of the grant of the succession certificate.
Sd/- JUDGE Dvr: