IMPORTANT POINT
Grant of probate in no way decides any question of title of deceased to properties bequeathed in Will.

JUDGMENT

B. Veerappa, J.—The petitioners filed P and SC No.37/2018 on the file of the Prl. Sessions Judge, Kolar, under Section 276 of the Indian Succession Act for grant of probate certificate on the Will dated 27.07.2018 executed by deceased B.M.Chandregowda, in respect of item Nos. 1 to 4 and for direction to the fifth respondent to transfer all the accounts mentioned in item No.2 of the WILL into the name of the first petitioner and also for a direction to the sixth respondent to transfer the individual license of the deceased vide license No. CBS/C1/CIVIL/3839/2015 valid from 01.06.2015 till 31.05.2020 in the name of the first petitioner.

I. Facts of the Case

2. It is the case of the petitioners that, late B.M. Chandregowda, during his lifetime, executed a Will dated 27.07.2018 nominating the first petitioner as legatee for various contracts and the bank accounts for the purpose of certain other properties. In the year 2018, petitioner approached the respondents along with the WILL in order to enable them to continue with various works, about 19 in numbers, the respondents had insisted that the Will has to be proved to recognize the contractor for continuing with the execution of the works. As such, petitioners preferred P & SC No.37/2018 before the District Court under the provisions of Section 276 of the Indian Succession Act for grant of probate certificate. The Trial Court, considering the objections raised, by the impugned order dated 22.02.2019, directed to register P & SC No.37/2018 as original suit and directed the respondents to take recourse to amend their respective objection statements as written statement. Therefore, the present writ petition is filed for the relief sought for.

II. Arguments Advanced by the Learned Counsel for the Petitioners

3. I have heard the learned counsel for the parties to the lis.

4. Ms. Siri Rajashekar, learned counsel for Sri D.R. Ravishankar, learned counsel for the petitioners contended that the impugned order passed by the Trial Court treating the P & SC petition as plaint and further directing to treat the petition as suit and to treat the objections as written statement is erroneous and contrary to the material on record. Learned counsel further contended that the respondents/ defendants entered appearance and only stated that they were not aware of the existence of the Will but subject to the proof of the Will, they have nothing to say in the matter. Respondent Nos.1 to 4 specifically stated that it was they who have insisted for the probating of the Will for the purpose of entrusting continuance of the works which were enlisted as Annexure-A to the probate. Therefore, factually, there was no dispute regarding the execution of the Will.

5. Learned counsel further contended that unless and until a person having interest in the estate of the deceased, objects to the grant of succession certificate and such person can be said to have a caveatable interest, no objections could be raised regarding the probate of the Will in a proceedings under Section 276 within the meaning of Sections 283, 284, 295 of the Indian Succession Act. She would further contend that the respondents have no manner of any caveatable interest in the estate of the deceased, but it is their specific stand that it is at their instance that there is a requirement of obtaining probate for permitting the petitioners to continue the work, could not have been considered subjecting as even otherwise they could not have objected for grant of probate. Therefore, she sought to allow the writ petition.

6. Per contra, Sri D.R. Anandeeswar, learned High Court Government Pleader for respondent Nos.1 to 4 and 6 submits that the averments made in the petition has been admitted as true and correct. After death of B.M. Chandregowda, petitioner No.1 has approached respondent Nos.1 to 4 to consider the Will and act accordingly. Respondent Nos.1 to 3 demanded probate and Will from the competent Court of law.

7. Sri A. Ganesh, counsel for