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.

ORDER :

H.P. Sandesh, J.

This petition is filed under Section 222 , 276, 300 and Chapter IV of the Indian SUCCESSION ACT , 1925 read with Rule 5 of the Rules Governing Probate and Administration Matters , 1964 praying this Court to allow first petitioner to prove the last Will and Testament dated 19.08.2016 of late A K Ravindranath Nedungadi and also grant probate in favour of petitioner No.1 in respect of the said Will and grant such other relief as this Court deems fit under the circumstances of the case.

2. Heard learned counsel for the petitioners .

3. The petitioners have filed this petition seeking grant of probate of the last Will and Testament dated 19.08.2016 of late Ayani Kurussi Ravindranath Nedungadi alias A K Ravindranath Nedungadi S/o late A K P Nedungadi. It is stated that the testator professed Hindu religion and was residing in Bengaluru city and the testator died on 29.01.2022. The testator was a resident of and domiciled at Flat No.103, Delphi-3, Prestige Acropolis, 20 Hosur Road, Bengaluru.

4. The testator is survived by his widow Mrs. Suma Nedungadi i.e, petitioner No.1 and the executrix in terms of the Will. Petitioner Nos.2 and 3 are his children and petitioner No.4 is the mother of the testator and the petitioners are the only Class-I legal heirs of the testator.

5. The testator at the time of the execution of the Will was in a sound and disposing state of mind. The testator was not suffering from any infirmities affecting his mental ability and power of judgment at the time of execution of the said Will. The said Will was duly executed by the testator in the presence of two attesting witnesses namely, Mr. V S Venkataraman and Ms. Mimi Partha Sarathy and the affidavits of the said attesting witnesses confirming the due execution of the Will also produced along with this petition. The petitioners have stated in this petition that the value of the estate of the testator is Rs.2,87,59,000/- and the petitioners have not filed any other petition before any other Courts of law for the same cause of action.

6. It is contended that petitioner No.1 being the executrix named in the Will is entitled to seek grant of probate of the Will and administer the estate of the testator in terms thereof. It is further submitted that petitioner No.1 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 probate and also to render the true accounts of the estate after having granted the probate.

7. In pursuance of this petition, this Court raised the objection regarding petitioner No.4 since petitioner No.4 is not the beneficiary under the Will. The counsel for the petitioners would submit that petitioner No.4 is the mother of the testator and being the Class-I heir, she has been arrayed as a party in the petition even though her name is not mentioned in the Will and the said submission is taken on record.

8. The petitioners have also sought for citation by way of paper publication in English daily newspaper ‘The Hindu’, Bengaluru, Palakkad, Pune editions and also in Kannada daily newspaper ‘Udayavani’, Bengaluru edition and also filed an application for dispensation of notice against the Deputy Commissioner. As the learned counsel has undertaken to pay the maximum Court Fee, the said application was allowed and also permitted to take out the paper publication as sought. Accordingly, paper publication in ‘The Hindu’ and ‘Udayavani’ as sought are placed on record and the same is accepted and none appears claiming any interest in respect of the Will. Hence, this Court directed to list the matte