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2025 DAILYLAW 72187 (KAR)

MS. SERAPHINA SALINS v. NIL

PROB.CP/12/2025 · 2025-09-03

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - PROB.CP No. 12 of 2025 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.12 OF 2025 BETWEEN: 1. MS. SERAPHINA SALINS DAUGHTER OF LATE MR.NEIL OCTAVIOUS SALINS AGED ABOUT 30 YEARS, AND LATE MRS. RUTH MONICA SALINS, PRESENTLY RESIDING AT UNIT 94, 173 CITY ROAD, SOUTHBANK, VICTORIA 3006, AUSTRALIA, REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND SISTER, MS. SHARON LISA SALINS AGED ABOUT 28 YEARS, DAUGHTER OF LATE MR. NEIL OCTAVIOUS SALINS AND LATE MRS. RUTH MONICA SALINS, RESIDING AT 201, GAURAV ARCADE - 1, 1ST CROSS, MANORAYANA PALYA, R. T. NAGAR, BENGALURU -560 032. 2. MS. SHARON LISA SALINS, AGED ABOUT 28 YEARS, DAUGHTER OF LATE MR. NEIL OCTAVIOUS SALINS AND LATE MRS. RUTH MONICA SALINS, RESIDING AT 201, GAURAV ARCADE - 1, 1ST CROSS, MANORAYANA PALYA, R. T. NAGAR, BENGALURU -560 032. …PETITIONERS (BY SRI VIVEK ANAND ANTHONY BRITTO, ADVOCATE) AND: NIL …RESPONDENT Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - PROB.CP No. 12 of 2025 THIS PETITION IS FILED UNDER PART IX SECTION 278 AND 300 R/W SECTION 219 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT LETTERS OF ADMINISTRATION IN RESPECT OF THE ESTATE OF MR.NEIL OCTAVIOUS SALINS (DECEASED) AND MRS.RUTH MONICA SALINS (DECEASED), IN COMMON FORM, IN FAVOUR OF THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER SECTION 278 READ WITH SECTION 219 OF THE INDIAN SUCCESSION ACT, 1925 AND ETC., 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 Present petition is filed under Sections 278 and 300 read with Section 219 under Part IX of the Indian Succession Act, 1925, by Ms.Seraphina Salins and Ms.Sharon Lisa Salins, with the following prayer: “WHEREFORE, the petitioners respectfully pray that this Hon’ble High Court may Grant Letters of Administration in respect of the estate of Mr.Neil Octavious Salins (deceased) and Mrs.Ruth Monica Salins (deceased), in common form, in favour of the petitioners to have effect throughout the Union of India as per Section 278 read with Section 219 of the Indian Succession Act, 1925.” - 3 - PROB.CP No. 12 of 2025 2. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Mr.Neil Octavious Salins and Mrs.Ruth Monica Salins being Christians by faith/religion breathed their last on 04.08.2020 and 02.10.2020 respectively at Bengaluru. Both of them were residents of 201, Gaurav Arcade-1, 1st Cross, Manorayana Palya, R.T.Nagar, Bengaluru -560 032. 3. The petitioner No.1-Ms.Seraphina Salins is represented by her Power of Attorney Holder and sister-Ms.Sharon Lisa Salins who is petitioner No.2 herein. 4. It is claimed that the petitioners are the children of late Mr.Neil Octavious Salins and Mrs.Ruth Monica Salins. 5. The value of assets left behind by the deceased would amount to Rs.1,30,38,856/- (Rupees one crore thirty lakhs thirty eight thousand eight hundred and fifty six only) and same is the net value. 6. Petitioners have undertaken to administer the property and credits of the deceased. They have also undertaken to carry out full and true inventory thereof and place the same - 4 - PROB.CP No. 12 of 2025 before the Court after Letter of Administration issued by this Court. 7. Since there are no respondents according to the petitioners, citation was ordered by this Court which was duly published in ‘The Hindu’ English daily, ‘Udayavani’, Kannada daily, Bengaluru edition, and ‘Financial Express’, Hyderabad edition, all dated 27.06.2025. 8. Pursuant to the said citation, none appeared and objected for grant of Letter of Administration in respect of the estate of the deceased. 9. In view of the fact that none has appeared pursuant citation in objecting the grant of Letter of Administration, there is no impediment for this Court to grant the prayer sought for in the petition. 10. Hence, the following: ORDER (i) The Registry is directed to issue Letter of Administration in the name of the petitioners in respect of estate of late Mr.Neil Octavious Salins and late Mrs.Ruth Monica Salins. - 5 - PROB.CP No. 12 of 2025 (ii) The petitioners are further directed to furnish the inventory within six months from the date of grant of 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