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.

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, 10^th 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 time of her death and she was domiciled at the aforesaid address.

3. It is the case of the petitioner that during her lifetime, the deceased Rangamma married Subba Shetty and they did not have any biological issues and hence they adopted a boy named Gopala Krishna and he began to reside with them as a natural born son of theirs. The said Subba Shetty predeceased Rangamma. Her adoptive son Gopala Krishna has survived her and is currently residing in the above mentioned address. He is the sole survivor of her family. The parents of the said Rangamma also predeceased her and tabular column is also given in the petition regarding the relationship with the deceased.

4. The said Rangamma died testate. She had made and executed her last Will and Testament on 02.05.2017 and the same was registered as document No.MYW-3-00010-2017-18 and stored in CD No.MYWD82 in Book III in the Office of the Sub-Registrar of Assurances, Mysore West, Mysore District, State of Karnataka. The said Will was made and executed by Rangamma when she was of sound mind, body, memory and understanding and was duly attested by Sri M.N.Nagesh and Sri B.Krishnamurthy, advocate. The said B.Krishnamurthy is now deceased.

5. It is contended that the original of the said Will was in the custody of the petitioner, he being the executor appointed thereof, by the deceased, which is placed before the Court. It is contended that under the aforesaid last Will and Testament dated 02.05.2017 of Rangamma, it is asserted that the deceased appointed Mr.Ramesh T.G., who is the petitioner herein, to be the sole executor thereof with power to act in his absolute discretion. The petitioner is duly educated and a greatly respected member of society and he is a proper and fit person to be appointed as executor of the last Will and Testament dated 02.05.2017 of the deceased Rangamma and was consequently so appointed by the deceased Rangamma and he is ready and willing to act as the executor and trustee of the last Will and Testament dated 02.05.2017 and hence filed this petition.

6. It is contended that the deceased Rangamma died leaving movable and immovable properties in Sy.No.55/55 of N.Belthur Village, Antharasanthe Hobli, H.D. Kote Taluk, Mysore District, State of Karnataka. The petitioner in his affidavit of valuation at Annexure-A has set out the assets and liabilities relating to and owned by the estate of the deceased Rangamma. In terms of Annexure-B also set out the valuation. It is contended that the said assets exclusive of what the deceased may have been possessed of or entitled to as a trustee for another and not as beneficiary or with power to confer a beneficial interest and also exclusive of the items mentioned in the said Annexure-B, but inclusive of all rents, interests and dividends and increased v