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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. SANDESH, J
Ramesh T.G., S/O Late T. Govindan – Appellant
Versus
NIL. – Respondent
| Table of Content |
|---|
| 1. establishment of facts regarding the testatrix and her will. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial reasoning for granting probate. (Para 7 , 9 , 11) |
| 3. procedural actions taken to notify interested parties. (Para 8 , 10) |
| 4. grant of probate order. (Para 12) |
ORDER :
H.P. SANDESH, J.
This petition is filed under Part IX Chapter I Section 218 and Chapter IV Section 276 read with Section 300 of the Indian SUCCESSION ACT , 1925 , praying to grant the Probate in respect of the last Will and Testament dated 02.05.2017 of the deceased Rangamma.
2. The factual matrix of the case of the petitioner in the petition is that a lady known and called Rangamma, being the widow of late Subba Shetty, also being an Indian National, Hindu by religious denomination and permanent resident of Door No.1356, Sree Chowdeshwari Street, 10th Ward, Sargur Town, Sargur Hobli, H.D.Kote Taluk, Mysore District, passed away on 27.06.2019 at her residence. The deceased Rangamma was aged 80 years at the time of her death. The deceased Rangamma was the biological daughter of late Rangashetty and late Venkatamma. The above said address was the permanent place of abode of the deceased Rangamma at the tim
The validity of a Will can be established through proper attestation and proof of execution, allowing for the grant of Probate despite the absence of objections from potential heirs.
Probate granted to the executrix as the Will was validly executed and proven with no contesting claims, emphasizing the importance of due process in probate matters.
The court upheld the validity of the registered Will, confirming the petitioner as Executor with the consent of all legal heirs and without objection, facilitating the smooth administration of the es....
The appointment of an executor is not the sole criterion for granting probate, and other persons, depending on the circumstances, could also seek probate as per the provisions of the Indian Successio....
Probate of Will – Non-appointment of an executor cannot be a ground to reject grant of probate.
Probate granted after confirming the validity of a Will per Section 63 of the Indian Succession Act.
Probate granted based on unchallenged testimony and compliance with legal requirements for execution of a Will.
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.
The main legal point established in the judgment is the grant of probate under Section 276 of the Indian Succession Act, 1925 for the 1/3rd undivided share of the property as per the Will dated 10.02....
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