Karnataka High Court
Mr. Puneet Kumar vs Nil on 11 June, 2025
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PROB.CP No. 5 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
PROBATE CIVIL PETITION NO. 5 OF 2024
BETWEEN:
1. MR. PUNEET KUMAR
AGED 55 YEARS
S/O LATE MRS. SANTHOSH KUMAR
RESIDENT NO.418, 13TH MAIN
2ND CROSS, 3RD BLOCK
KORAMGANALA
BANGALORE -560 034
2. MR.SACHIT KUMAR
AGED ABOUT 60 YEARS
S/O LATE MRS.SANTHOSH KUMAR
S-58, PANCHSHEEL PARK
MALVIYA NAGAR, SOUTH DELHI
DELHI -110 017
3. MR.RENU KUMAR
Digitally AGED ABOUT 61 YEARS
signed by W/O LATE MR.VIVEK KUMAR
SUVARNA T NO. 44, SHIV TIRTH NO.1
Location: BHULABHAI DESAI ROAD
HIGH MUMBAI -400 026
COURT OF
KARNATAKA 4. MR.GAUTAM KUMAR
AGED ABOUT 35 YEARS
S/O LATE MR.VIVEK KUMAR
NO. 44, SHIV TIRTH NO.1
BHUBLABHAI DESAI ROAD
MUMBAI -400 026
5. MR.SIDDHARTH KUMAR
AGED ABOUT 38 YEARS
S/O LATE MR. VIVEK KUMAR
NO.44, SHIV TIRTH NO.1
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PROB.CP No. 5 of 2024
HC-KAR
BHULABHAI DESAI ROAD
MUMBAI -400 026
REPRSETNED THFOUGH POA HOLDER
MR. GAUTAM KUMAR
AGED ABOUT 35 YEARS
S/O LATE MR. VIVEK KUAMR
NO. 44, SHIV TIRTH NO. 1
BHULABHAI DESAI ROAD
MUMBAI -400 026
...PETITIONERS
(BY SRI. ROHAN KOTHARI, ADVOCATE)
AND:
NIL
NIL
...RESPONDENT
THIS PETITION IS FILED UNDER SECTION 278 R/W SECTION
300 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT
LETTERS OF ADMINISTRATION TO THE ESTATE OF LATE
MRS.SANTHOSH KUMAR WITH A COPY OF THE WILL DATED
24.05.2016, REGISTERED AS DOCUMENT BEARING NO.28/2016-17,
STORED IN BOOK-III, AT THE OFFICE OF THE SUB-REGISTRAR,
BOMMANAHALLI, JAYANAGAR, BANGALORE ANNEXED THEREIN TO
THE PETITIONERS HEREIN (ANNEXURE-B) AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
04.03.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS
DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
The present petition is filed under Sections 276, 278
read with Section 300 of the Indian Succession Act, 1925
seeking grant of Letters of Administration to the Estate of Late
Mrs. Santosh Kumar, in terms of the Will dated 24.05.2016,
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registered as Document bearing No.28/2016-17, stored in
Book-III, at the Office of the Sub-Registrar, Bommanahalli,
Jayanagar, Bangalore. The petitioners have also sought a
direction to include the Deed of Family Settlement dated
12.04.2023 as an annexure to the order/decree issued by this
Court granting letters of administration with the copy of the
said Will annexed.
2. The facts of the case are that petitioner No.1 and
petitioner No.2 are the sons of Late Mrs. Santosh Kumar.
Petitioner No.3 is the widow of Late Mr.Vivek Kumar who is the
son of Late Mrs. Santosh Kumar. Petitioner Nos.4 and 5 are the
sons of petitioner No.3 and grandsons of Late Mrs. Santosh
Kumar. Petitioner Nos.2, 3, 4 and 5 are represented by the
Letter of Authority holder i.e., petitioner No.1. It is stated that
all the petitioners are legal heirs and beneficiaries of the last
Will and Testament of the Testator dated 24.05.2016. As per
the Will, the Testator desired that her moveable and
immoveable assets be distributed amongst her three sons,
Mr.Vivek Kumar, Mr.Sachit Kumar (Petitioner No.2) and Mr.
Puneet Kumar (Petitioner No.1). Mr. Vivek Kumar predeceased
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the Testator, having expired on 26.11.2022. He is survived by
his wife Mrs. Renu Kumar and his sons Mr. Gautam Kumar and
Mr. Siddharth Kumar (Petitioner Nos.3, 4 and 5 respectively). It
is stated that the Testator attained heavenly abode on
31.03.2022 at 10:40 hrs in Bangalore. Along with the petition,
the list of properties were mentioned i.e., schedule 'A' property
and schedule 'B' property which are immoveable properties and
Schedule 'C' property is the articles of jewellery, having
estimated value of Rs.1,05,87,130/- and shares of Public and
Private Limited Companies and all other fixed deposits,
investments, bank balances with various banks along with the
verifying affidavits by the petitioners. It is stated that the total
value of the assets of the deceased is a sum of
Rs.60,19,44,062/-.
3. As per the Will, the Testator's absolute right, title and
interest in property bearing No.418, 13th Main road, 3rd Block,
Koramangala, Bangalore (the Schedule 'B' Property) in equal
proportion to her three sons. The Testator further desired that
the residential house constructed upon the Schedule 'B'
Property be demolished and a new building be constructed
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thereon, consisting of six flats of equal area and internal
configuration and that this demolition and reconstruction be
funded from the sale of her moveable assets. However, the
Schedule 'B' Property and the residential house built there on is
the home of the Petitioner No.1 and his nuclear family. In order
to prevent a family dispute from arising amongst the
beneficiaries of the Testator's Will, the petitioner arrived at an
oral family settlement, which came to be reduced into writing
vide Deed of Family Settlement dated 12.04.2023 and the same
is filed before this Court. The executors named in the Will i.e.,
Mrs. Maria David and Mr. H.L. Sekhri have renounced their
executorship under Section 230 of the Indian Succession Act,
1925 and have ceased to be the executors of the Will. It is
stated that as per Section 231 of the Indian Succession Act,
1925, once the named executors of the last Will and Testament
of the deceased have renounced their position, the property of
the testator has to pass as though the testator had died
intestate, by granting Letter of Administration to the legal heirs
of the deceased with the Will annexed. Hence, the petitioners
being the rightful legal heirs of the Testator have come before
this Court for grant of Letter of Administration. It is also stated
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that as per the settled law, in the event this Court grants
probate/Letter of Administration of the Will as prayed for, the
Family Settlement must be made an annexure to the decree
issued by this Court. In that regard, the learned counsel for the
petitioners had relied on the judgment of the Calcutta High
Court in case of Jagadish Chandra Chakrabarti and Others
Vs. Upendra Chandra Chakrabarti and Others1, A.E.G.
Carapiet Vs. A.Y. Derderian2 and Partha Sarathi Das Vs.
Gouri Das and Others3.
4. The petitioners have stated that they have not
preferred similar petition before this or any other Court for
grant of probate/Letter of Administration with regard to the
estate of the deceased and no grant has been made in their
favour so far. They have undertaken to duly administer the
property and credits of the Testator and to make a full and true
inventory thereof and exhibit the same in this Court within six
months from the date of grant of letters of administration and
also render to this Court a true account of the immoveable
assets and credits within one year from the date of grant. As
1
1943 SCC Online Cal 123
2
1960 SCC Online Cal 44
3
2016 SCC Online Cal 7419
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per the order dated 14.11.2024, the petitioner was directed to
take out citation by way of Newspaper publication in Deccan
Herald and Kannada Prabha newspaper, Bengaluru edition on or
before 05.12.2024. Accordingly, the petitioners had taken out
the paper publication and a draft notification was placed before
the Court and the same was accepted by order dated
04.03.2025. Till today, no one has appeared before the Court to
object the grant of probate/Letter of Administration. Learned
counsel for the petitioners submits that as there are no
objections and as he has complied with all the formalities, this
petition may be ordered by granting Letter of Administration.
5. Having heard the learned counsel for the petitioners,
perused the entire material on record. All the legatees of the
Will are before this Court and the executors of the Will have
renounced the executorship under Section 230 of the Indian
Succession Act, 1925 and the same is filed before this Court. An
affidavit is filed by both the executors, i.e., Mrs. Maria David
and Mr. H.L. Sekhri on 30.01.2024 and 24.01.2024
respectively, wherein they have renounced the executorship
under Section 230 of the Indian Succession Act which is filed at
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Annexure - F1 and Annexure - F2. The Family Settlement Deed
dated 12.04.2023 is placed before this Court at Annexure - E,
whereby all the petitioners before this Court have entered into a
family settlement mentioning as per the Will how the properties
have to be distributed among themselves.
6. This Court has gone through the averments and the
documents produced and no objections are filed by anyone and
no one has appeared to oppose grant of probate/Letter of
Administration. The petitioners being the beneficiaries under
the last Will and Testament dated 24.05.2016 of Late Mrs.
Santosh Kumar are entitled to succeed to the estate. The
executors who are appointed have renounced their claim and
the petitioners have sought for issuance of probate of the Will
and also to include the Family Settlement Deed dated
12.04.2023.
7. Accordingly, this Court deems it appropriate to grant
the Letter of Administration in favour of the petitioners.
Considering the Family Settlement that is arrived at between
the parties, the Deed of Family Settlement is included as an
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Annexure to the order/decree of Letter of Administration.
Hence, this Court is passing the following order:
ORDER
i. The Registry is directed to issue Letter of
Administration in the name of the petitioners in
respect of estate of Late Mrs. Santosh Kumar as per
the Will dated 24.05.2016 and shall include the
Deed of Family Settlement dated 12.04.2023 as an
annexure to the order/decree subject to the
petitioners furnishing Administration Bond to enable
collection of the amount due to the estate of the
deceased.
ii. The petitioners are also directed to furnish 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.
iv. All I.As. in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
