IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2026 PRESENT HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.177 OF 2026 (ISA)

BETWEEN:

1. ANGELO R CONSTANTINO AGED ABOUT 46 YEARS, SON OF LATE RONALD E. CONSTANTINO, CITIZEN OF THE UNITED STATES OF AMERICA, RESIDING AT 306, BRICKYARD COURT, VALRICO, FLORIDA, 33594, UNITED STATES OF AMERICA. 2. RONALD C CONSTANTINO AGED ABOUT 48 YEARS, SON OF LATE RONALD E. CONSTANTINO, CITIZEN OF THE UNITED STATES OF AMERICA, RESIDING AT 6980, SONG DRIVE, COCOA, FLORIDA, 32927, Di gitally signed by UNITED STATES OF AMERICA.

SUMATHY KANNAN Location: HIGH COURT OF THE APPELLANTS ARE REPRESENTED HEREIN BY KARNTAKA THEIR POWER OF ATTORNEY HOLDER SRI CHIDANANDA M., AGED ABOUT 38 YEARS, SON OF MUDALAGIRIYAPPA, GOLARAHATTI, RESIDING AT KATANAYAKANAHALLI, KASTURIRANGAPPANAHALLY, CHITRADURGA, KARNATAKA 577511.

…APPELLANTS (BY SRI. MOHAMMED SHAMEER, ADVOCATE)

AND:

1. NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT, 1925, AGAINST THE ORDER DATED 08.12.2025 PASSED IN P AND S.C.NO.27/2024 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, DISMISSING THE PETITION FILED UNDER SECTION 228 AND 278 OF INDIAN SUCCESSION ACT & ETC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU)

1. The present appeal has been filed seeking to challenge the order dated 08.12.2025 passed in P & SC No.27/2024 by the Court of I Additional District and Sessions Judge at Chitradurga, under the provisions of Sections 228 and 278 of the Indian Succession Act, 1925, (hereinafter referred to as "the Succession Act").

2. The facts briefly are that the appellants/petitioners succeeded to the estate of their deceased father, late Ronald E Constantino and they are the only legal heirs of the said deceased. During her lifetime, the wife of Ronald E. Constantino, Smt. Rashmi Constantino had executed a Will dated 18.09.2009 bequeathing her entire estate to her husband. The said Rashmi Constantino predeceased her husband. A probate petition was filed by Ronald E. Constantino seeking to authenticate the Will of Rashmi Constantino, which resulted in Ronald E. Constantino being appointed as a personal representative of his late wife by the jurisdictional Competent Court in Florida, USA on

15.11.2022.

2.1 After the death of Sri Ronald E. Constantino, appellant No.1/petitioner No.1, who is the son, had obtained an order dated 01.08.2023 from the Court of the 13^th Judicial Circuit, Hillsborough County, Florida State, USA appointing him as the personal representative of the estate of deceased Rashmi Constantino as well as granting him letters of administration. A similar order was obtained by appellant No.1/petitioner No.1 on 01.08.2023 for the estate of the deceased Ronald E Constantino. Subsequently, letters of administration were also obtained by appellant No.1 on 03.08.2023, from the Competent Court at Florida, USA.

2.2 Subsequently, the appellants/petitioners filed a petition P & SC No.27/2024 before the learned Trial Court contending that the letters of administration be granted to them in respect of suit Schedule 'A' and 'B' properties belonging to the deceased Rashmi Constantino as well as to the estate of the deceased Ronald E. Constantino, are as set out in the petition. Notice of the petition was duly published in English daily newspaper the “New Sunday Express” dated 30.06.2024 and in Kannada daily newspaper "Kannada Prabha" dated 30.06.2024. There was no presence of any party, objecting to the grant of the probate before learned Trial Court.

2.3 The learned Trial Court, however, by the Impugned Order, dismissed the petition filed by the petitioners/appellants on two grounds. Firstly, the probate obtained in USA could not be ta