- 1 - PROB.CP No. 16 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA PROBATE CIVIL PETITION No.16 OF 2022 BETWEEN MR. SUNIL THOMAS S/O LATE MRS GEETHA THOMAS AGED ABOUT 41 YEARS CHRISTIAN, R/O UNIT 16 4 BEALE STREET LIVERPOOL, NSW 2170 AUSTRALIA REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY MR RAVI JOHN THUMBOO CHETTY AS PER POWER OF ATTORNYE MARKED E ...PETITIONER (SMT.ANN MARY GREEN, ADVOCATE) AND NIL …RESPONDENT THIS PETITION IS FILED UNDER PART IX (SECTIONS 28,270,271,273,274, 275, 278 AND 300) OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO THAT AN ANCILLARY GRANT BE ISSUED TO THE AFORESAID AUTHENTICATED COPY OF THE PROVEN WILL DATED 8TH JANUARY 2019, IN THE PROBATE COURT OF THE SUPREME COURT OF NEW SOUTH WALES, AT SYDNEY IN CASE NUMBER 2019/00150274 ON THE 20TH JUNE 2020, IN COMMON FORM AND THAT A GRANT OF LETTERS OF ADMINISTRATION WITH THE SAID AUTHENTICATED COPY OF THE PROVEN WILL DATED 8TH JANUARY 2019, ANNEXED, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HIM AND ETC., Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - PROB.CP No. 16 of 2022 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 CAV ORDER (PER: HON'BLE MR JUSTICE V SRISHANANDA) Present petition is filed under Sections 228, 270, 271, 273, 274, 275, 278 and 300 of the Indian Succession Act, 1925, by Mr.Sunil Thomas, with the following prayer: “Your petitioner, therefore, pray:- That an ancillary grant be issued to the aforesaid authenticated copy of the proven Will dated 8th January 2019, in the Probate Court of the Supreme Court of New South Wales, at Sydney in Case Number 2019/00150274 on the 20th June 2020, in common form and that a grant of Letters of Administration with the said authenticated copy of the proven Will dated 8th January 2019, annexed, to have effect throughout the Union of India, may be granted to him.” 2. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Mrs.Geetha Thomas being a Christian, breathed her last on 17.03.2019 at Bengaluru, Karnataka State, India. She last lived in the house bearing Unit 16, 4 Beale Street Liverpool 2170, NSW, Australia and she left behind properties at - 3 - PROB.CP No. 16 of 2022 Bengaluru, Karnataka and at Niligiris, Tamil Nadu, India. She said to have executed a Will on 08.01.2019. 3. According to the petitioner, the Will dated 08.01.2019 is the last Will and Testament of late Mrs.Geetha Thomas, executed by her in the presence of two witnesses. The original of the authenticated copy of the said Will and Testament was proved in the Probate Court Supreme Court of New South Wales at Sydney. 4. Petitioner’s name finds place in the Will as an Executor, and he has proved the Will and Testament of late Mrs. Geetha Thomas, in the probate Court, in the Supreme Court of New South Wales at Sydney in case No.2019/00150274 which was allowed on 20.06.2020, in respect of estate of late Mrs. Geetha Thomas. 5. The value of assets in India which are left behind by the deceased, would amount to Rs.29,11,25,000/- (Rupees twenty nine crores eleven lakh twenty five thousand only) and same is the net value. 6. Petitioner has undertaken to administer the property and credits of the deceased. He has also undertaken to carry out full and true inventory thereof and place the same before the - 4 - PROB.CP No. 16 of 2022 Court after Letter of Administration by ancillary grant with regard to the last Will executed by the deceased and sought for approving the Will before the Court. 7. Since there are no respondents according to the petitioner, citation was ordered by this Court which was duly published in ‘The Hindu’ English daily, and ‘Kannada Prabha’, Kannada daily, Bengaluru edition, both dated 30.05.2023. 8. Pursuant to the said citation, none appeared and objected for grant of Letter of Administration in respect of last Will and testament executed by the deceased. 9. Thereafter, this Court permitted the petitioner to examine himself as a witness to prove the Will formally. 10. The petitioner has executed a Power of Attorney in favour of one Mr.Ravi John Thumboo Chetty, vide Power of Attorney dated 18.12.2020. As such, said Mr.Ravi John Thumboo Chetty has filed an affidavit in lieu of examination-in-chief. In the absence of any contest, there was no cross-examination. Since the prayer in the petition was only for ancillary grant of Letter of Administration, no further proof was necessary. - 5 - PROB.CP No. 16 of 2022 11. In view of the fact that no one has appeared pursuant citation in objecting the Will, the affidavit filed by the Power of Attorney holder of the petitioner remains unchallenged. As such, there is no impediment for this court to grant the prayer in the petition. 12. 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 Mrs.Geetha Thomas as per the Will dated 08.01.2019. (ii) The petitioner is further directed to furnish the inventory within six months from the date of grant 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