Partly allowed

Sri M Venkatesh v. Nil

Karnataka HC25 Jun 2021MFA/1024/2020

Case brief

AI extract

What is this about?

The High Court allowed a miscellaneous appeal filed to restrict the prayer in a pending petition for probate of a will to a succession certificate under Section 372 of the Indian Succession Act. The court remanded the matter to the P & SC Court for reconsideration.

What did the court decide?

Application to restrict prayer to issuance of succession certificate allowed; matter remanded to P & SC Court for reconsideration.

Sri M Venkatesh Vs Nil — Succession and Inheritance | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 25^TH DAY OF JUNE, 2021

¶3

PRESENT

¶4

THE HON’BLE MRS.JUSTICE S.SUJATHA

¶5

AND

¶6

THE HON’BLE MR. JUSTICE E.S.INDIRESH

¶7

M.F.A.No.1024/2020 (ISA)

¶8

BETWEEN :

¶9

1 . SRI M.VENKATESH S/O LATE D.MUNIRAJU AGED ABOUT 50 YEARS, R/AT NO.5/1, 2^ND MAIN ROAD, KANTIRAVA STUDIO MAIN ROAD, NARASIMMHALU LAYOUT NANDINI LAYOUT, BENGALURU-560096

¶10

2 . SMT.NARAYANAMMA W/O LATE D.MUNIRAJU AGED ABOUT 69 YEARS, R/AT NO.5, NARASIMMHALU LAYOUT NANDINI LAYOUT, BENGALURU-560096

¶11

3 . SMT.GOWRAMMA M., S/O MUNIYAPPA AGED ABOUT 55 YEARS, R/AT BIDALURU DEVANAHALLI TALUK BENGLURU RURAL DISTRICT

¶12

4 . SMT.UMA M., S/O CHANDRAPPA AGED ABOUT 52 YEARS, R/AT YELAHANKA BENGALURU

¶13

- 2 -

¶14

5 . SMT.BHAGYA M., W/O M.P.VENKATESHAPPA AGED ABOUT 46 YEARS R/AT JAKKUR, YELAHANKA BENGALURU

¶15

6 . SMT.MANGALA M., D/O LATE D.MUNIRAJU AGED ABOUT 43 YEARS, R/AT NO.5, NARASIMMHALU LAYOUT NANDINI LAYOUT BENGALURU-560096 ...APPELLANTS

¶16

(BY SRI BALAJI RAGHUNATHAN, ADV.)

¶17

AND :

¶18

NIL …RESPONDENT

¶19

THIS M.F.A. IS FILED UNDER SECTION 384 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED 16.08.2016 PASSED IN P & S.C.No.399/2015 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTIONS 372 AND 276 OF INDIAN SUCCESSION ACT.

¶20

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

¶21

J U D G M E N T

¶22

This appeal is filed by the appellants under

¶23

Section 384 of the Indian Succession Act, 1925 (‘Act’ for

¶24

short) challenging the order dated 16.08.2016 passed in P & SC No.399/2015 on the file of the XXXIX Additional

¶25

¶26

City Civil and Sessions Judge, Bangalore (‘P & SC Court’ for short), whereby the petition/application filed by the appellants under Sections 372 and 276 of the Act seeking for issuance of succession certificate/probate in favour of the appellant No.1/petitioner No.1 pertaining to the registered will dated 12.07.2002 executed by his late father D. Muniraju, has been dismissed.

¶27

The main ground for dismissing the said petition is that no probate of the will is required for Hindus. The petition is filed in order to receive compensation amount in respect of the portion of the property said to have been acquired by the Bangalore Development Authority (BDA). In such circumstances, the appellants/petitioners ought to have sought for the issuance of succession certificate. Instead of claiming such a relief, the scope of the provisions of the Indian Succession Act inasmuch as 276 is also invoked.

¶28

¶29

Seeking such relief under Section 372 as well as 276 is not maintainable.

¶30

Learned counsel for the appellants has filed I.A.No.1/2021 seeking permission to restrict his prayer in P & SC No.399/2015 on the file the XXXIX Additional City Civil and Sessions Judge, Bengaluru to the extent of issuance of succession certificate under Section 372 of the Act. It is further submitted that other legal heirs of the deceased – D. Muniraju have given no objections for the issuance of the succession certificate and to claim the compensation before the BDA by the appellant No.1.

¶31

In view of the aforesaid, we are of the considered view that the ends of justice would be met in permitting the appellants/petitioners to restrict the relief to the extent of issuance of succession certificate under Section 372 of the Act and as such we remand the matter to the P & SC Court to re-consider the matter

¶32

¶33

in accordance with law having regard to the relief now been restricted to the issuance of the succession certificate under Section 372 of the Act.

¶34

Accordingly, I.A.No.1/2021 is allowed. The matter is remanded to the P & SC Court to re-consider the matter and take a decision in accordance with law in an expeditious manner.

¶35

The parties are directed to appear before the P & SC Court on 19.07.2021 without waiting for any notice and shall take further orders.

¶36

The appeal stands disposed of accordingly.

¶37

Sd/JUDGE

¶38

Sd/JUDGE

¶39

PMR

Sri M Venkatesh v. Nil

Case brief

What is this about?

What did the court decide?

Sri M Venkatesh v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The New India Assurance Co.Ltd Vs Smt. P. Rajeshwari

Sri Ramesha Vs Sri O Srikanth Reddy

Smt. Rajeshwari Vs the New India Assurance Company Ltd.

Kishore Vs Smt.Srikala

Smt. Poornima Vs Mr Lingaraju M R

Sri Manjunatha Shetty Vs Sri Santhosh Karvi