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Tanzania Judgment

TANZLII

Latter of Adm to Irene Kilindo

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Petitioner satisfied statutory requirements for appointment as administratrix, no caveat entered, sole beneficiary consented, no prior proceedings, and proper citation published; thus, grant of letters of administration is warranted.

Court disposition

petition granted

Orders

  • Petitioner Irene Stephen Kilindo appointed administratrix of the estate of Venkata Hanuman Krishna Prasad Alamuri
  • Inventory and final account to be filed
  • Further orders to be made on 16.4.2025
  • Beneficiary to attend

02

Material facts

Parties

Irene Stephen Kilindo

Petitioner

Venkata Hanuman Krishna Prasad Alamuri

Deceased

Lalitha Subbalaxmi Vankayalapati

Beneficiary

Amounts and remedies

  • Estimated Total Value of Estate: TZS 25,100,000

03

Procedural history

  1. Posture

    Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration

04

Questions and positions

Legal issues

Party arguments

Applicant
Petitioner asserts compliance with citation requirements, absence of caveat, deceased died intestate, clan meeting consented to petitioner’s appointment, sole beneficiary consented, no prior proceedings for administration, and requests grant of letters of administration.
Respondent
No respondent or caveator appeared; no opposition submitted.

05

Court’s reasoning

  1. 01

    Probate and Administration of Estates Act, sections 66, 67; Probate Rules, Rules 64, 65, 66

    Grant of letters of administration to suitable person where deceased died intestate and no caveat entered

06

Ratio, limits and disposition

Ratio decidendi

Petitioner satisfied statutory requirements for appointment as administratrix, no caveat entered, sole beneficiary consented, no prior proceedings, and proper citation published; thus, grant of letters of administration is warranted.

Obiter and limits

  • Petitioner dispensed with requirement for bond without surety under section 67 of the Probate and Administration of Estates Act

Court disposition

petition granted

  • Petitioner Irene Stephen Kilindo appointed administratrix of the estate of Venkata Hanuman Krishna Prasad Alamuri
  • Inventory and final account to be filed
  • Further orders to be made on 16.4.2025
  • Beneficiary to attend

Source and reliance status

TANZLII · 16 October 2024

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 16 October 2024

Latter of Adm to Irene Kilindo

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA

AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 23132 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE VENKATA HANUMAN

KRISHNA PRASAD ALAMURI

AND

IN THE MATTER OF APPLICATION FOR GRANT OF LATTER OF

ADMINISTRATION

BY

IRENE STEPHEN KILINDO

RULING 20th September & 16th October, 2024 CHUMA, J. This is a petition for grant of letters of Administration to Irene Stephen Kilindo as administratrix of the estate of the Late Venkata Hanuman Krishna Prasad Alamuri who died intestate at Nyerere Road, Mwanza on 21st March, 2024. The Petitioner states that a clan meeting of the deceased's relatives was held on 26th March, 2024 at which the relatives consented the names of Irene Stephen Kilindo to be appointed the administratrix of the estate of Late Venkata Hanuman Krishna Prasad Alamuri being a family friend. The sole beneficiary is Lalitha Subbalaxmi Vankayalapati being the deceased's sister who lives at Andhra Pradesh, India. That the gross asserts which are likely to come into the Petitioner's hands are: - 1 1. Bank Account at CRDB Bank with account No. 0152715656100 in the name of Venkata H. K. Prasad Alamur.

2. Bank Account at Diamond Trust Bank (DTB) with account No. 0247271242001 in the name of Venkata Alamuri.

3. Bank Account at the National Bank of Commerce (NBC) with card no. 4513800008371093.

4. National Social Security Fund (NSSF) contribution with membership number 46580251 in the name of Venkata Krishna Alamuri.

5. The deceased personal belongings such as clothes, shoes and bags. The estimated total value of the estate which is expected to come into the petitioner’s hands is TZS. 25,100,000/-. The Petitioner stated further that due search has been undertaken but no any Will have been found. That the deceased at the time of death had a fixed place of abode at Nyerere Road, Nyamagana in Mwanza Region which fall within the jurisdiction of this court, he was a Hindu and professed Hinduism Religion. It was a statement of the Petitioner also that no any grant of probate or letters of administration of the Estate of Late Venkata Hanuman Krishna Prasad Alamuri have been commenced before any court or authority 2 inside or outside Tanzania. The petition is supported by annexures which are: - i. Certificate of death of the Late Venkata Hanuman Krishna Prasad Alamuri. ii. Affidavit as to domicile of the deceased Late Venkata Hanuman Krishna Prasad Alamuri sworn by the petitioner Irene Stephen Kilindo under Rule 64 of the Probate Rules. iii. Administratrix Oath made under section 66 and Rule 65. iv. Administratrix’s Bond without Sureties declared by Irene Stephen Kilindo made under section 67 and Rule 66. v. Consent of heir signed by the deceased’s sister vi. Minutes of a clan meeting titled Meeting of the relatives to elect the administrator of estate of the late Venkata Hanuman Krishna Prasad

Alamuri held on 26.3.2024. After satisfying myself that a general citation was issued and published in the local newspaper namely, Mwananchi dated 3rd October, 2024 at page 20, I allowed the Petitioner to adduce evidence in support of the Petition. Ms. Irene Stephen Kilindo, petitioner herself submitted that they have complied with the courts order for citation by publishing the same on Mwanachi News paper dated 3.10.2024, and no caveat ever entered. She further submitted that the deceased died on 21.3.2024 at Nyerere Road, Mwanza. Following the death of the deceased, the family members convened a meeting in which the petitioner was nominated to administer 3 the estate. That there was no Will left by the deceased, The deceased neither left children or properties behind as reflected in the instant petition. She then urged this court to grant the application. Having heard the submission of Ms. Irene Stephen Kilindo the petitioner and I have paid regard to the petition, affidavit and the evidence adduced in court by the Petitioner, it is evident that the deceased was survived with one biological relative who is his sister namely Lalitha Subbalaxmi Vankayalapati who live at Andhra Pradesh, India. Further to that, the petitioner has assured the court that the said relative has consented to the Petitioner to apply for letters of administration of estate. This Court is also satisfied

that there are no any proceedings for grant of letters of administration or otherwise for administration of the estate of the said Late Venkata Hanuman Krishna Prasad Alamuri that have been commenced before any court or authority whether inside Tanzania or outside it. Also, petitioner has dispensed with a requirement for bond without surety or sureties under section 67 of the Probate and Administration of Estates Act. Having considered all that evidence, I am satisfied that the petitioner meets the requirement of being appointed as administratrix of the estate in issue and since no caveat ever entered objecting to a grant of the application to the instant petition. In the 4 circumstances and for the foregoing reasons, I do hereby grant the letters of administration by appointing the Petitioner, Ms. Irene Stephen Kilindo as administratrix to administer the estates of the Late Venkata Hanuman Krishna Prasad Alamuri, as prayed for the following orders; 1. Ms. Irene Stephen Kilindo Petitioner is granted with letter of administration in favor of the estate of the late Venkata Hanuman Krishna Prasad Alamuri, 2. Inventory and final account be filed accordingly 3. For orders on 16.4.2025 4. Beneficiary to attend. It is do ordered. DATED at MWANZA this 16th day of October, 2024. W.M. CHUMA

JUDGE 5 Ruling delivered in court before the petitioner herself this 16th October, 2024. W.M. CHUMA

JUDGE 6

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Authorities

Authorities used by the court

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Probate and Administration of Estates Act

Legislation

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Probate Rules

Legislation

Legislation referenced in the available case record.

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