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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.Sandesh
Suma Nedungadi, Widow Of Late Mr. A K Ravindranath Nedungadi – Appellant
Versus
Nil – Respondent
| Table of Content |
|---|
| 1. jurisdiction and relief sought (Para 1 , 2) |
| 2. factual background of testator and will execution (Para 3 , 4 , 5) |
| 3. arguments for granting probate and legitimacy (Para 6 , 7) |
| 4. court proceedings and evidence presented (Para 8 , 9) |
| 5. assessment of will validity and executor's role (Para 10 , 11 , 12 , 13 , 14) |
| 6. order granting probate (Para 15) |
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 an
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 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.
The court upheld the validity of the Will based on the evidence of an attending witness despite the absence of attesting witnesses.
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....
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.
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