Allowed

P.N. Malhotra Also Known v. Nil

Karnataka HC1 Sept 2017PROB.CP/5/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the petitioner's petition under Part IX of the Indian Succession Act, 1925, to prove the will dated 11.11.2010 and granted probate to him as the appointed executor after verifying the attestation and death of the testatrix.

What did the court decide?

Probate granted to the petitioner in favor of the will dated 11.11.2010, subject to payment of court fees, filing inventory within six months, and final accounts within one year.

P.N. Malhotra Also Known Vs Nil — Succession and Inheritance | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 1^ST DAY OF SEPTEMBER, 2017

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BEFORE

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THE HON’BLE Dr. JUSTICE VINEET KOTHARI

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PROB. C.P. No. 5/2017

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BETWEEN

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P. N. MALHOTRA ALSO KNOWN AS PREM NATH MALHOTRA, HINDU, AGED 92 YEARS, S/O OF LATE MR.RAM SAHAI MALHOTRA, R/O UNITS 45 & 46 IV FLOOR, SHALIMAR APARTMENTS, NO.4, C. J. D’SOUZA ROAD, BANGALORE. … PETITIONER

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(BY SMT. PATTU M. GOPAL, ADVOCATE)

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AND

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NIL … RESPONDENT

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THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTIONS 270, 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, PRAYING THAT HE MAY BE ALLOWED TO PROVE THE AFORESAID WILL DATED 11^TH NOVEMBER 2010 IN COMMON FORM AND THAT PROBATE THEREOF, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HIM; AND ETC.

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THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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P. N. Malhotra. Vs. Nil

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Date of Order 01.09.2017 PROB. C.P. No. 5/2017

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ORDER

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Mrs. Pattu M. Gopal , Adv. for Petitioner

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The petitioner is before this Court seeking to prove the last

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Will dated 11.11.2010 executed by Mrs.Rita Malhotra, and in that regard, the petitioner is seeking grant of Probate in his favour.

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The petitioner-P.N. Malhotra known as Premnath Malhotra), is the husband of the Testatrix Mrs. Rita Malhotra and is appointed as the Executor of the Will. The Will is produced at Annexure-B to the petition. A perusal of the same would indicate that the Will has been executed by Mrs. Rita Malhotra and the petitioner herein has been appointed as the Executor as depicted in paragraph-XI of the said Will.

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The Death Certificate of the Testatrix indicates that she

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has died on 25.08.2016 and therefore, the Will has come into effect.

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P. N. Malhotra. Vs. Nil

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Date of Order 01.09.2017 PROB. C.P. No. 5/2017

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The petitioner has filed the Affidavit indicating the assets

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left behind by the Testatrix, which are the subject matter of the Will.

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Sri.Ramesh Ramachandra and Sri. Nagesh Moro have attested the signature of the Testatrix made to the Will. One of them namely Mr. Ramesh Ramachandra the attesting witness, has filed his Affidavit dated 18.02.2017 . A perusal of the statements made in the affidavit would disclose that he has affirmed the position that he was present when the Testatrix had executed the Will and he has, thereafter, affixed his signature while he was simultaneously present.

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The notice of this petition was directed to be published by

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the order dated 31.03.2017. Publication has been carried out and the same has been taken on record. Despite the petition being adjourned thereafter for consideration, no person has approached this Court objecting to oppose the instant petition, wherein the petitioner is seeking to prove the Will and seeking grant of Probate.

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Date of Order 01.09.2017 PROB. C.P. No. 5/2017

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P. N. Malhotra. Vs. Nil

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Considering that aspect and also the fact that the petitioner

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has, through the Affidavit filed by the attesting witness, proved the Will, the petitioner is entitled to grant of Probate.

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Accordingly the petition is allowed. The Will dated 11.11.2010 is held to be proved. Probate be granted in favour of the petitioner on payment of necessary Court fee and compliance of the requirements, as per Rules. The list of Inventories be filed in six months and the Final Accounts in one

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year.

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Sd/JUDGE

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KGR (L-I:Sl.No.12)

P.N. Malhotra Also Known v. Nil

Case brief

What is this about?

What did the court decide?

P.N. Malhotra Also Known v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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