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2025 DAILYLAW 69159 (KAR)

MRS VEENA KUDVA KUNDADKA v. NIL

PROB.CP/26/2024 · 2025-09-03

V Srishananda

body2025

Judgment text

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- 1 - PROB.CP No. 26 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA PROBATE CIVIL PETITION No.26 OF 2024 BETWEEN: MRS VEENA KUDVA KUNDADKA WIFE OF LATE SHIJITH REGHUNATHAN AGED ABOUT 44 YEARS RESIDING AT THE ICON D.702 THANISANDRA MAIN ROAD ELEMENTS MALL, THANISANDRA BANGALORE NORTH BENGALURU KARNATAKA -560077 …PETITIONER (BY SRI JOSHUA H. SAMUEL, ADVOCATE) AND: NIL …RESPONDENT THIS PROB.CP IS FILED UNDER SECTION 278 PARTS VIII AND IX OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW THE PETITION AND PERMIT THE PETITIONER TO ADMINISTER THE ASSETS OF THE DECEASED UNDER LETTERS OF ADMINISTRATION GRANTED BY THIS HON’BLE COURT AND THE SAME TO HAVE EFFECT THROUGHOUT UNION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE V SRISHANANDA Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - PROB.CP No. 26 of 2024 CAV ORDER Present petition is filed under Section 278 Part VIII and IX of the Indian Succession Act, 1925, by Mrs.Veena Kudva Kundadka, with the following prayer: “ Allow the petition and permit the petitioner to administer the assets of the deceased under Letters of Administration granted by this Hon’ble Court and the same to have effect throughout Union of India, in the interest of justice and equity.” 2. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Sri Shijith *Reghunathan being a Hindu by faith/religion breathed his last on 30.04.2024 at Greens Pool, William Bay, Western Australia. He was permanent resident of Icon Apartments, D-*702, Thanisandra Main Road, Elements Mall, Thanisandra, Bengaluru North, Bengaluru, Karnataka-560077. Sri Shijith *Reghunanthan had not made any testamentary disposition with regard to his assets and had died intestate on 30.04.2024. 3. The petitioner-Smt. Veena Kudva Kundadka is the wife of late Shijith *Reghunathan and they have a minor daughter by name Ms.Nandita Shijith *Reghunathan. *Corrected vide Court order dated 18.12.2025 - 3 - PROB.CP No. 26 of 2024 4. It is claimed that the petitioner and her minor daughter named above are the only legal heirs of the deceased- Shijith *Reghunathan. 5. The value of assets left behind by the deceased would amount to Rs.13,59,35,662/- (Rupees thirteen crore fifty nine lakhs thirty five thousand six hundred and sixty two only) and same is the net value. 6. Petitioner has undertaken to administer the property and credits of the deceased. She has also undertaken to carry out full and true inventory thereof and place the same before the Court after Letter of Administration issued by this Court. 7. Since there are no respondents according to the petitioner, citation was ordered by this Court which was duly published in ‘The Indian Express’ English daily, and ‘Kannada Prabha’, Kannada daily, Bengaluru edition, both dated 27.03.2025. 8. Pursuant to the said citation, none appeared and objected for grant of Letter of Administration in respect of the estate of the deceased. *Corrected vide Court order dated 18.12.2025 - 4 - PROB.CP No. 26 of 2024 9. Thereafter, by the Order dated 23.06.2025, this Court permitted the petitioner to lead evidence. 10. The petitioner, in pursuance to the said order, filed an Affidavit by way of examination-in-chief and she was also further examined in chief on 08.07.2025. 11. Since there are no respondents, cross-examination was taken as ‘nil’. In the evidence of P.W.1, petitioner also produced her Marriage Certificate, and birth certificate of her daughter along with Memo. 12. In view of the fact that no one has appeared pursuant to citation in objecting the grant of Letter of Administration, the affidavit filed by the petitioner remains unchallenged. 13. As such, there is no impediment for this Court to grant the prayer sought for in the petition. 14. Hence, the following: ORDER (i) The Registry is directed to issue Letter of Administration in the name of the petitioner in respect of estate of late Shijith *Reghunathan. (ii) The petitioner is further directed to furnish the inventory within six months from the date of grant of *Corrected vide Court order dated 18.12.2025 - 5 - PROB.CP No. 26 of 2024 letter of Administration and accounts within one year from the said date. (iii) Accordingly, this Probate Civil Petition is allowed. Sd/- (V SRISHANANDA) JUDGE kcm