The universal legatee has the first right to seek a grant of Letters of Administration when the deceased has made a Will but has not appointed an Executor.

ORDER :

H.P. Sandesh, J.

Heard learned counsel for the petitioner.

2. This petition is filed under Section 232 (a), 276 and Chapter IV of the Indian SUCCESSION ACT , 1925 read with Rule 5 of the Rules Governing Probate and Administration Matters, 1964 and sought for the relief to allow the petitioner to prove the Last Will and Testament dated 31.12.1997 executed by late Sri B.A. Ananda Rao and grant Letters of Administration in favour of the petitioner in respect of the schedule properties and credits of Sri B.A. Ananda Rao of the Will dated 31.12.1997 and grant such other relief as deems fit in the circumstance of the case.

3. The factual matrix of case of the petitioner is that the testator Sri B.A. Ananda Rao professed Hindu religion and was residing in Bangalore City which was his fixed place of abode within the jurisdiction of this Court and he was also ordinarily a resident of Bangalore City having permanent residence at No. 168D/E, 5^th Main, 3^rd Cross, J.P. Nagar 3^rd Phase, Bangalore and he had executed a Will and Testament dated 31.12.1997 and he also passed away within the jurisdiction of this Court on 25.08.2003.

4. It is the case of the petitioner that the Testator's younger son Sri Anil Bapu predeceased him on 30.05.1997 and thereafter only he had executed the present Will and while executing the Will, his wife Smt. Pramila A. Rao and elder son Sri B.A. Gautam, who is the petitioner herein were alive and his widow also passed away on 23.07.2022. The Testator was owning both movable and immovable properties and the said properties listed in schedule are referred to as schedule properties. The Testator was in sound and disposing state of mind at the time of execution of the Will and also had full mental capacity to understand the purport of the Will. The Testator was not suffering from any infirmities affecting his mental ability either at the time of execution of the Will or otherwise.

5. The Will was duly executed by the Testator in the presence of two attesting witnesses Sri M.R. Guruprasad and Sri M.B. Rao also known as Sri Madava Rao Bhima Rao. Sri M.B. Rao died on 11.03.2017. The affidavit of Sri M.R. Guruprasad, the 1^st attesting witness is produced and the affidavit of Sri Kiran Kumar Bheemrao, son of late Sri M.B. Rao also known as Sri Madhava Rao Bhima Rao, identifying the signature of his father, who was the 2^nd attesting witness is also produced along with the petition.

6. The petitioner is the son of the Testator. Except the petitioner herein, the Testator has not left behind any other Class I heirs. It is also contented that the Will does not appoint an Executor/Executrix, the petitioner in his capacity as the Universal Legatee to the estate of the Testator, is entitled to seek grant of Letters of Administration with respect to the estate of the Testator. The petitioner also undertakes to administer the estate of the Testator and make a full and true inventory of his assets and exhibit the same after the grant of Letters of Administration and also to render the true accounts of the estate. It is also stated that the value of the movable and immovable properties is Rs.6,53,000/- and undertakes to pay the prescribed Court fee at the time of grant of Letters of Administration.

7. The petitioner also filed an application to dispense the notice to the Deputy Commissioner and the same was dismissed at the first instance and later on,