UMA PREM KUMAR Vs. STATE

JUDGEMENT

(1.) This petition under Section 278 of Indian Succession Act has been filed seeking grant of Letter of Administration in favour of the Petitioner, who is daughter of late Smt. Rama Krishnan @ Padma Nabha Rama (deceased) in respect of immovable property measuring about 4,000/-(four thousand) sq. feet, Site No. 12 in Survey No. 14 and 15 of Setthihali Village, Yeshwantha Pura Hobli, Bangalore, North Toluk. It is stated by the Petitioner that she was the only daughter of the deceased and served the deceased in her old age. The other Legal Heirs left behind by the deceased were her husband and one son i.e. father and brother of the Petitioner. Her father and brother had no objection in grant of Letter of Administration to her. At the time of her death deceased was living at C-128, Sarvodya Enclave, New Delhi with her husband permanently. She died on 17th June, 2000 as per the death certificate (the date of death wrongly given as 17.6.2001 in the Petition). She had purchased the aforesaid property by way of Sale Deed dated 21st December, 1989 for a consideration of Rs.40,000/-

(2.) Notice of the Petition was served upon the other Legal Heirs and was also published in local newspaper of Bangalore viz. Deccan Herald. Valuation report was summoned from the Revenue Authority of Bangalore. During pendency of the petition Shri A.P.V.Krishnan, father of the Petitioner also died and Shri Ravi C. Krishnan, the only other Legal Heir survived. Shri Ravi C. Krishnan stated that he had no objection in grant of Letter of Administration to the Petitioner. The Petitioner filed an affidavit of evidence wherein she testified to the facts stated in the plaint and stated that she was the only daughter of deceased Smt. Rama Krishnan @ Padma Nabha Rama and was entitled to Letter of Administration in respect of property Site No. 12 in Survey No. 14 and 15 of Setthihali Village, Yeshwantha Pura Hobli, Bangalore, North Toluk and submitted that the value of the estate of the deceased was around Rs.12 lac. Mr. Ravi C. Krishnan, the other Legal Heir deposed in the Court by way of an affidavit and stated that deceased was absolute owner of the property and Petitioner was the only daughter of deceased and entitled to Letter of Administration. He had no objection in case the Letter of Administration was granted in favour of the Petitioner. The death certificate of the mother i.e. Smt. Rama Krishnan was proved as Ex. PW1/1, death certificate of the husband of Smt. Rama Krishnan i.e. Shri A.P.V.Krishnan was proved as Ex. PW1/2, the sale / title deed of the property, in question, was proved as Ex. PW1/3 and valuation report submitted by the Revenue Authority is already on record.

(3.) In view of the fact that the Petitioner is daughter of the deceased and the only other surviving Legal Heir has given 'no objection' by filing an affidavit to this effect that the Letter of Administration be granted to the Petitioner, there is no impediment in granting Letter of Administration to the Petitioner. Petition of the Petitioner is allowed. The Petitioner i.e. Smt. Uma Prem Kumar is granted Letter of Administration subject to petitioner executing an indemnity bond of the value of the estate stating therein that if any claim is raised by any party, she would be responsible for such a claim and paying Court fee on the value of the estate i.e. Rs.12 lac as above.