THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
Veeranna T., S/o Late Ujjinappa – Appellant
Versus
NIL – Respondent
Certainly. Based on the provided legal document, here are the key points:
The petitioner filed a petition under Sections 222, 264, and 276 of the Indian Succession Act, 1925, seeking probate of a registered Will executed by the deceased Basamma in favor of the petitioner (!) .
The Will was executed by Basamma, who was the maternal aunt of the petitioner, and she bequeathed her property to the petitioner (!) .
The petitioner discovered the Will after her death, which occurred on 28-09-1999, and sought probate to facilitate the transfer of property in his name (!) .
The concerned Court issued an order directing the petitioner to take steps to serve legal heirs, if any, of Basamma, under Section 15 of the Hindu Succession Act, and to do so by a certain date (!) .
The Court's order was based on the premise that notice to the legal heirs was necessary, especially considering the possibility that Basamma's husband predeceased her (!) (!) .
The petitioner contended that Section 15 of the Hindu Succession Act was not applicable because Basamma had executed a Will, not died intestate, and thus, no notice to legal heirs was necessary (!) .
The Court noted that, in the absence of evidence regarding the presence of other legal heirs and given that no party appeared to contest the Will after due notice, the issue of notice under Section 283 of the Act was critical (!) .
The Court emphasized that issuance of notice under Section 283(1)(c) of the Act is mandatory when there is a possibility that the deceased had other legal heirs, especially when the proceedings involve the estate of a person who might have relatives in the same or nearer degree (!) (!) .
The Court referred to legal principles that require notice to all persons claiming an interest in the estate before granting probate, and that failure to issue such notice invalidates the proceedings (!) (!) .
In this case, the petitioner did not serve notice on the legal heirs or other interested parties, which rendered the proceedings defective and the order granting probate unsustainable (!) .
The Court ultimately disposed of the petition, affirming that the proceedings were flawed due to non-compliance with the statutory requirement of notice, and therefore, the petition was dismissed (!) .
The Court reserved liberty for the petitioner to produce further material if available, but found no merit in the petition as filed (!) .
These points encapsulate the core legal reasoning and factual findings of the judgment.
| Table of Content |
|---|
| 1. factual background of the case and will. (Para 3) |
| 2. arguments against the necessity of issuing notice to heirs. (Para 4 , 6) |
| 3. court's observations on legal requirements for probate. (Para 5 , 7) |
| 4. conclusion and order denying the petition. (Para 9) |
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this Court calling in question an order dated 18-06-2025 passed by the I Additional District Judge, Bangalore Rural District in P & SC No.53 of 2024.
2. Heard Sri K. Lakshmikanth, learned counsel appearing for the petitioner.
3. Facts, in brief, germane are as follows: -
3.1. The petitioner files a petition under Sections 222, 264 r/w 276 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’ for short) seeking probate of the registered Will executed by deceased Basamma in favour of the petitioner. It is the averment in the petition that Basamma, W/o late Chennaiah was the sole and absolute owner in possession of land bearing Sy.No.80, new No.80/3 measuring 2 acres, out of 5 acres and 20 guntas in Thotagere Village, Dasanapura Hobli, Bangalore North Taluk which was purchased by her. The history would be, Basamma married Chennaiah, they had no issues. Pet
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