In Re: Sri. Syed Rafiullah Shah Khadri

Anand Byrareddy, J.—Heard the learned Counsel for the petitioner. The petitioner is said to be the younger brother of the deceased, namely, Shafiulla Shah Khadri @ Syed Shafiulla Shah Khadri, who was working as a Junior Assistant in the Tumkur depot of the Karnataka State Road Transport Corporation KSRTC and who is said to have died intestate on 2.4.1994 at Sira, however, under mysterious circumstances. It transpires that his dead body was found at Sira, Madhugiri Road, Nagargere Gate and there was a criminal case registered in Crime No. 87/1994, which was being investigated at the time of the filing of this petition. The deceased was the resident of Chandramouleshwara Extension, Kyathasandra, Tumkur, which is within the jurisdiction of this court. The death certificate of the deceased is produced. The deceased had died while in service and his wife was his nominee and was entitled to receive the terminal benefits, including the monies payable by his employer under a Group Insurance Policy. However, the wife of the deceased had also died in the year 1996.

It is thereafter that the mother of the deceased took up the matter with the KSRTC and sought disbursement of the terminal benefits payable in respect of her son''s death. Since the KSRTC did not comply, the mother of the deceased was constrained to file a writ petition before this court in WP 13379/2006 seeking realisation of the said amounts. The petition was disposed of with a direction to the employer - KSRTC to consider the matter and to disburse the amount after verification of the claim. That order dated 29.9.2006 is produced.

It is further stated that the deceased had insured himself with the Life Insurance Corporation of India under Policy No. 610539380, and the mother of the deceased had requested for confirmation of the value of the policy and further confirmation that the value of the policy had not been disbursed. It was stated by the LIC that since the nominee of the policy holder was his wife and since she was no more, it was necessary that the succession certificate be obtained to settle the claim in terms of the procedure of the Corporation. The writ petition was disposed of on that note namely, that the succession certificate would be obtained in order to secure the benefits under the said policy as the legal representatives of the deceased.

It further transpires that the petitioner''s mother namely, the mother of the deceased as well, had died on account of the old age on 5.9.2010. The petitioner being the only surviving brother of the deceased, had undergone a by-pass surgery and therefore was not in a position to initiate proceedings immediately and it is thereafter that the present petition seeking grant of letters of administration of the properties and credits of his deceased brother Shafiulla Shall Khadri @ Syed Shafiulla Shah Khadri, is now filed.

The petitioner has stated the list of legal representatives of the deceased, which is as follows:-

i. Syed Rafiulla Shah Khadri (S.R.S. Khadri) - Petitioner herein,

ii. K. Zeenathunissa, wife of the deceased, who died, issueless, on 06.02.1996,

iii. Syeda Zaibunissa, mother of the deceased, who died on 05.09.2010,

iv. Syed Rahmathulla Shah Khadri, elder brother of the deceased, who died on 18.11.2008.

v. Syed Ansar Pasha, elder brother of the deceased, who died on 17.08.2008.

vi. Syeda Sajida Banu, elder sister of the deceased, aged about 75 years and presently residing at No. 944/77, 28th Main Road, Jayanagar 9th Block, Bangalore � 560 069.

vii. Syeda Farida Banu, Younger sister of the deceased, aged about 63 years and presently residing at No. 230/64, 37th A Cross, 26th Main Road, Jayanagar 9th Block, Bangalore � 560 069.

viii. Syeda Waheeda Peeran, younger sister of the deceased, aged about 61years and presently residing at No. 157, 36th Cross, 9th Main Road, Jayanagar 5th Block, Bangalore 560 041.

ix. Sabiha Banu, younger sister of the deceased, aged about 59 years and presently residing at No. 30, M.I.G. 1, K.H.B. Housing Colony, behind Abuhaxiifa Mosque, Kalyangiri, Mysore-19.

x. Naveeda A.R. Sheik, younger sister of the deceased, aged about 57 years and presently residing at No. 5/21, 3rd Cross Road, 6th Main, Minhaznagar, J.P. Nagar Post, Bangalore - 560 078.

There are no other relatives of the deceased apart from the above-mentioned legal representatives. The petitioner has also stated that the immovable properties, described in the schedule to the petition, at Bangalore and Tumkur are valued at over Rs. 40,00,000/- and that the deceased had died intestate and the petitioner, as the younger brother claims administration of the property and credits. The legal representatives mentioned at Serial Nos. (vi) to (x) above, have in turn, filed affidavits acknowledging that they are the legal representatives of the deceased and that they have no objection for grant of letters of administration to the petitioner. The amount of assets which are likely to come to the hands of the petitioner did not claim to exceed the aggregate of Rs. 41,30,000/- and the net amount of the assets after deducting all the items, which the petitioner is by law allowed to deduct, is in the value of Rs. 41,30,000/-. Therefore, the present petition. The petition was advertised in ''The Hindu'' � English edition and ''Udayavani'' - Kannada edition, a copy of which is produced and there are no claimants or objections to the petition that are filed. Annexures to the petition having been perused and the contents not being objected to in any manner, the petition is allowed. The petitioner to administer the property and credits of the deceased and to make a full and true inventory and exhibit the same before this court within six months and to render a true account of the said property and credits within one year from the date of grant of the letters of administration. The Probate Civil petition is allowed.