RESERVED ON: 05.03.2026 PRONOUNCED ON: 18.03.2026

THIS MFA IS FILED UNDER SECTION 299 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 14.02.2025 PASSED IN P & SC NO.15017/2023 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL (TO SIT AT DEVANAHALLI), REJECTING THE PETITION FILED UNDER SECTION 276 OF INDIAN SUCCESSION ACT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The petitioner in Probate Application is before us in this appeal filed under Section 299 of the Indian Succession Act, 1925, calling in question the Judgment dated 14.02.2025 in P & SC No.15017/2023, passed by the V Addl. District Judge, Bengaluru Rural, sitting at Devanahalli (for short 'the Probate Court').

The Probate Court by the impugned Judgment, rejected the application filed under Section 276 of the Indian Succession Act.

The parties are referred to as per their rankings before the Probate Court.

The brief factual matrix is as under:

The petitioner claims that one Late Chikkaperumalappa had four sons namely Muniyappa, Narayanappa, Narasimhaiah and Venkatappa. He died and survived by his four sons. The second son Narayanappa died way back in the year 1985 leaving behind his wife Sarojamma. Smt.Sarojamma died on 09.03.2018. They died issueless. The third son Narasimhaiah died and is survived by his wife Lakshmamma and two children by name Manjulamma - the petitioner and Krishnamurthy. The other two children i.e., Muniyappa and Venkatappa, are alive. Sarojamma, during her lifetime, executed a Will in favour of the petitioner - Manjulamma bequeathing her1/4th share in the family property.

It is further claimed by the petitioner that upon death of Chikkaperumalappa, his fourth son Venkatappa filed a suit in O.S.No.64/2007 on the file of Senior Civil Judge and JMFC, Devanahalli seeking the relief of partition and separate possession of his 1/4th share in respect of all the joint family properties. The suit came to be decreed on 19.03.2014 granting the relief claimed in the suit. In the said suit, Smt.Sarojamma was shown as defendant No.2 as she is representing the branch of Narayanappa, being the sole legal representative upon his death.

The operative portion of the order passed in O.S.No.64/2017 is as under:

“ORDER The suit of the plaintiff is decreed in part. The suit schedule properties are divided into four fair and equal shares. It is declared that the plaintiff, defendants No.1 and 2 each entitled 1/4th share in the suit schedule properties by metes and bounds. The defendants No.3 to 5 together entitled 1/4th share in the suit schedule properties by metes and bounds. The claim of defendants No.6 and 7 is hereby dismissed. No order as to costs. Draw up preliminary decree accordingly.”

The petitioner further claims that after the preliminary decree, Sri.Venkatappa initiated Final Decree Proceedings in No.11/2014. In the meanwhile, Smt.Sarojamma during her lifetime, executed two Wills dated 25.05.2015 and 02.11.2016. In the Will dated 25.05.2015 she has bequeathed her 1/4th share in the suit schedule property in favour of both Manjulamma as well as her brother. However, in the next Will dated 02.11.2016, she has restricted it only in favour of Manjulamma i.e., the petitioner. Smt.Sarojamma died on 09.03.2018.

The F.D.P filed in No.11/2014 was allowed by order dated 18.06.2022, wherein upon demarcation of the property by appointing the Commissioner, property in Block No.3 has been allotted to the share of late Smt.Sarojamma W/o Narayanappa. After the closure of the FDP proceedings, allotting the share with boundaries with respect of 1/4th share in favour of Sarojamma, the petitioner instituted the petition in P & SC No.15017/2023 under Section 276 of Indian Succession Act for issuance of Probate of registered