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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

PROBATE C.P No.8/2019

BETWEEN:

1.

Dr.Rajiv Bhateja

Aged about 62 years

s/o late Col. Amrit

Prakash Bhateja

r/a 13015 La Cresta drive

Los Altos Hills, CA 94022

United States of America

Represented by his Power of

Attorney Holder, Mr.Arvind

Bhateja.

2.

Dr.Arvind Bhateja

Aged about 49 years

s/o late Col.Amrit

Prakash Bhateja

r/a 4A, Sunny Side

Apartments, No.4

Bride Street, Langford Town

Bengaluru-560025.

3.

Mr.Vivek Bhateja

Aged about 31 years

s/o late Col. Amrit

Prakash Bhateja

r/a No.8, O’Shaughnessy

Road, Langford Gardens

Bengaluru-560025.

… Petitioners

(By Smt.Nidhishree B V, Advocate)

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AND:

-Nil-

... Respondent

This petition is filed under Section 276 of the

Indian Succession Act, 1925, praying to allow the

petitioners to prove the above mentioned will in

common form and etc., and grant probate in favour of

the second petitioner to the property and credits of late

Dr.Sita Bhateja of the will dated 17.3.2016 annexed

thereto in respect of the properties in India to have the

effect throughout the territory of India and etc.

This petition is coming on for hearing this day,

the Court made the following:-

ORDER

Petitioners have sought for grant probate in favour

of petitioner No.2 to the property and credits of late

Dr.Sita Bhateja pursuant to will dated 17.3.2016

(Annexure-F) in respect of property situated in India to

have effect throughout the territory of India. Petitioners

are the sons of late Dr.Sita Bhateja, who executed a will

dated 17.3.2016 while appointing petitioner No.2 as

executor. She died on 18.12.2018. In view of these

facts and circumstances, petitioners have presented this

petition.

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2.

This

Court

through

the

order

dated

29.3.2019 had permitted the petitioners to take out

paper publication as citation of the filing of this petition

on 12.4.2019 in `The Hindu’ and `Udayavani’, both

Bengaluru Edition. To that extent, a memo was filed on

24.4.2019 and it was accepted. Till date, there are no

objectors

pursuant

to

paper

publication

dated

12.4.2019. In this background, petitioners are entitled

to grant of probate in favour of petitioner No.2 to the

property stated in the schedule.

3.

Having perused the papers and noticed that

the petitioners No.1 and 3 herein are the persons who

have appointed petitioner No.2 to pursue the matter as

executor in terms of the last will and testament dated

17.3.2016 and since immovable properties indicated in

the will are to be applied as per the desire of the

testatrix, the petition is allowed. The probate to be

granted in terms of the same. The petitioners shall act

in terms of the will, file list of inventories and the

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affidavit of compliance before this Court within six

months and accounts within one year.

Petition stands allowed.

Sd/-

JUDGE

Bkm