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H. T. NARENDRA PRASAD
RUPA B. P. W/O R. MOHAN RAM BHOJI – Appellant
Versus
ASSISTANT REVENUE OFFICER, RAJAJINAGARA – Respondent
ORDER :
1. In this writ petition, the petitioner has called in question the endorsement dated 26.05.2018 issued by respondent No. 1 vide Annexure-A, whereby the request of the petitioner for change of Katha in respect of the petition scheduled property has been rejected.
2. The case of the petitioner is that the petition schedule property belongs to Late Smt. A. Rajamma, who is the mother-in-law of the petitioner. The said Smt. A. Rajamma had executed a Will dated 21.01.2004 in favour of the petitioner. Smt. A. Rajamma died on 23.03.2016. After the death of the testator, Smt. A. Rajamma, the petitioner got the Will registered on 14.03.2018. Thereafter, the petitioner filed an application on 03.04.2018 before respondent No. 1 for a change of Katha on the basis of the Will dated 21.01.2004. Pursuant to the application filed by the petitioner, respondent No. 1 has issued the impugned endorsement dated 26.05.2018 vide Annexure-A directing the petitioner to get a declaration of ownership from the civil court. Being aggrieved by the impugned endorsement issued by respondent No. 1, the petitioner is before this court.
3. The learned counsel for the petitioner submits that the testator of the
A Hindu beneficiary does not require probate for a will executed outside specified jurisdictions under the Indian Succession Act.
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The Testamentary Court's jurisdiction is limited to determining the validity of the Will, including its execution, attestation, and the testator's state of mind.
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