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2026 DAILYLAW 11302 (KAR)

MRS SUMITHRA GANESAN v. NIL

PROB.CP/16/2024 · 2026-04-27

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR PROBATE CIVIL PETITION NO.16 OF 2024 BETWEEN: 1. MRS.SUMITHRA GANESAN AGED ABOUT 61 YEARS W/O.LATE ANAND RAJU R/AT 240, PHASE 1 ADARSH PALM MEADOWS OLD AIRPORT WHITEFIELD ROAD RAMAGONDANAHALLI BENGALURU-560 066 2. MS.MALAVIKA RAJU AGED ABOUT 29 YEARS D/O.LATE ANAND RAJU R/AT 240, PHASE 1 ADARSH PALM MEADOWS OLD AIRPORT WHITEFIELD ROAD RAMAGONDANAHALLI BENGALURU-560 066 REP.BY HER POWER OF ATTORNEY MRS.SUMITHRA GANESAN …PETITIONERS (BY MS.B.V.NIDHISHREE, ADVOCATE) AND: NIL …RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER SECTIONS 218, 278 AND 300 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT LETTERS OF ADMINISTRATION TO THE PROPERTY AND CREDITS OF THE SAID DECEASED TO Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 PETITIONER NO.1 HEREIN ON BEHALF OF BOTH THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard Smt.B.V.Nidhishree, learned counsel for petitioners. 2. This petition is filed by the petitioners seeking grant of Letters of Administration in their favour pertaining to estate of the deceased - Anand Raju, who is none other than the husband of petitioner No.1 and the father of petitioner No.2. 3. It is contended that Anand Raju died on 22.10.2022 at Bengaluru, which is within the jurisdiction of this Court. The deceased - Anand Raju died intestate. The original death certificate of the deceased issued by the Registrar of Births and Deaths is produced at Annexure-C - 3 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 to the petition. The deceased, upon his death has left behind two legal representatives viz., his widow - Mrs.Sumithra Ganesan and a daughter - Ms.Malavika Raju. 4. During the life time of the deceased - Anand Raju, he possessed moveable as well as immovable properties located within the jurisdiction of this Court, morefully mentioned in the Schedules to the petition i.e., Schedule - I and Schedule - II. Schedule - I comprises of immovable properties and Schedule - II comprises of movable property. 5. It is also stated that gross and net value of the assets of the deceased that are likely to come into the petitioners' hands does not exceed the sum of INR 6,36,00,000/- and also the deceased - Anand Raju was holding the policy for total value of INR 83,42,478.2 (USD 100,000/-) as on the date of filing this petition. - 4 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 6. Learned counsel for petitioners admits and agrees to pay the maximum Court fee as contemplated under Article 6 of Schedule I of the Karnataka Court-Fee and Suits Valuation Act, 1958, as and when directed by this Court. The petitioners also stated that they undertake to administer the estate of the deceased and make a full and true inventory within a period of six months from the date of grant of Letters of Administration to them and would also render a full account to this Court within a period of one year from the date of grant of Letters of administration. Accordingly, the petitioners pray for issuance of Letters of Administration in respect of the estate of the deceased - Anand Raju. 7. Pursuant to filing of this petition, citation of this petition was taken out by way of paper publication in daily newspapers viz., 'The Hindu', English daily and 'Udayavani', Kannada daily, Bengaluru edition. The publication was taken out in the newspapers on 28.11.2024. The newspapers containing the citation of the - 5 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 petition, are produced alogwith the memo dated 04.12.2024. 8. Pursuant to taking out of citation by way of newspaper publication in the aforesaid daily circulated newspapers, no claim has been made by anyone with regard to the estate of the deceased - Anand Raju before this Court either by way of appearance or through filing any objection in writing. 9. It is seen that the deceased - Anand Raju has left behind two legal representatives i.e, his widow and a daughter, the petitioners herein. 10. In view of the above facts and circumstances of the case, there being no objections or claim by third party or from the other legal representatives of the deceased - Anand Raju with regard to grant of Letters of Administration in respect of estate of the deceased, there is no legal impediment to grant Letters of Administration as sought for by the petitioners and this petition deserves - 6 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 to be allowed. Accordingly, I proceed to pass the following: ORDER i) The Petition is allowed; ii) Registry is directed to issue Letters of Administration in respect of estate of the deceased - Anand Raju, which is morefully mentioned in the Schedules to the petition, in favour of the petitioners, to have effect throughout the Union of India; iii) Registry is directed to issue Letters of Administration on payment of requisite Court fee; iv) The filing of the security bond by the surety is dispensed; v) The execution of the security bond by the petitioners is also dispensed; vi) The Inventory shall be submitted by the petitioners within a period of six (06) months from the date of grant of Letters of Administration; vii) The final accounts shall be submitted by the petitioners within a period of twelve (12) months - 7 - HC-KAR NC: 2026:KHC:23556 PROB.CP No. 16 of 2024 from the date of grant of Letters of Administration. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 53