LAWS(KAR)-2008-4-6

J T SURAPPA Vs. SATCHIDHANANDENDRA SARASWATHI

Decided On April 16, 2008
J.T.SURAPPA Appellant
V/S
SATCHIDHANANADENDRA SARASWATHI SWAMIJI PUBLIC CHARITABLE TRUST Respondents

JUDGEMENT

(1.) THIS petition/suit is filed for grant of letters of administration with a copy of the Will, which came into existence six hours prior to the death of the testator in ICU of the Hospital. By an order dated 1. 3. 2006 this Probate Petition was ordered to be converted into an original suit. Therefore, the parties to the proceedings are herein referred to as the plaintiffs and defendants in a suit.

(2.) THE first plaintiff and defendants 5 and 6 are brothers. Second plaintiff is the son of the first plaintiff. Defendants 2 and 3 are the daughters of the 6th defendant. 1st and 4th defendants are beneficiaries under the Will.

(3.) SRI J. T. Ananthaswamy is the eldest brother of the first plaintiff and defendants 5 and 6. He died on 24. 1. 2003 at Mysore. He was a divorcee. He had no issues. The case of the plaintiffs is, that Sri J. T. Ananthaswamy has left an unregistered Will date 24. 1. 2003 bequeathing all his properties in favor of the plaintiffs and defendants 1 to 4. Annexure-A to the plaint contains the assets and Annexure-B contains the liabilities. Therefore, the plaintiffs have filed the above suit for grant of letter of administration with the Will annexed.