Allowed

R Muralidhar Rao v. Nil

Karnataka HC7 Sept 2023PROB.CP/6/2023

Case brief

AI extract

What is this about?

probate civil petition filed to prove last will and testament executed by Late Smt. Ahalya Rao on 05.10.2013. Court examined execution, found no rival claims after citation, and allowed petition granting probate to petitioners as executors.

What did the court decide?

Registry directed to issue probate in favour of petitioners in respect of last Will and testament dated 05.10.2013 of Late Smt. Ahalya Rao, to have effect throughout the Union of India.

R Muralidhar Rao Vs Nil — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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PROBATE CIVIL PETITION NO. 6 OF 2023

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BETWEEN:

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R. MURLIDHAR RAO, SON OF LATE JANGALAHALLI RANGANATHA RAO AND LATE AHALYA RAO, AGED ABOUT 69 YEARS, RESIDING AT 824/3, SURYAKIRAN, 13^TH CROSS, 7^TH BLOCK, WEST OF KANAKAPURA ROAD, JAYANAGAR (WEST), BANGALORE - 560 070.

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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PADMINI M. RAO, WIFE OF R. MURLIDHAR RAO, AGED ABOUT 66 YEARS, RESIDING AT 824/3, SURYAKIRAN, 13^TH CROSS, 7^TH BLOCK, WEST OF KANAKAPURA ROAD, JAYANAGAR (WEST), BANGALORE - 560 070. …PETITIONERS (BY SRI. SUHAAS. R. SHENOY, ADVOCATE FOR SMT. POORNIMA HATTI, ADVOCATE)

AND:

NIL

…RESPONDENT

THIS PROBATE CIVIL PETITION IS FILED UNDER SECTION 276 READ WITH SECTION 278 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO PROVE THE LAST WILL

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2 - NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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AND TESTAMENT DATED 05.10.2013, EXECUTED BY LATE SMT. AHALYA RAO; PRODUCED AT ANNEXURE-A AND ETC.

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

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ORDER

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Heard Sri Suhaas R.Shenoy, learned counsel for

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petitioners.

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This petition is filed by the petitioners seeking grant of probate in respect of the last Will and testament dated 05.10.2013 of Late Smt.Ahalya Rao, wife of Late Sri Jangalahalli Ranganatha Rao (hereinafter referred to as "Testator"). The original Will dated 05.10.2013 is annexed to this petition at Annexure-A. Petitioner Nos.1 and 2 are the Executors of the Will.

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2.2 It is stated that Late Smt.Ahalya Rao died on 16.11.2022 at Bengaluru, which is her permanent address and fixed place of abode. The death certificate of the Testator is produced at Annexure-B. It is also stated that the Testator was a resident of No.824/3, 13^th Cross, 7^th Block, Jayanagar West, Bengaluru-560 070, Karnataka.

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3 - NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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2.3 The Testator died leaving behind her son, Mr.R.Murlidhar Rao-petitioner No.1 and Mrs.Padmini M.Raopetitioner No.2 her daughter-in-law. The Testator has bequeathed her estate to her son Mr.R.Murlidhar Rao and Mrs.Padmini M.Rao, who are the petitioners herein.

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2.4 It is stated that the grandchildren of the Testator, Mr.Sanjeev M.Rao and Mr.Vivek M.Rao are aware of the present petition being filed by the Executors of the Will dated 05.10.2013. The grandchildren of the Testator have issued their respective no objection letters to the petitioners for the purpose of submitting the present petition and securing the probate of the Will dated 05.10.2013. The copies of the 'no objection letters' along with their respective self-attested identifications are annexed along with this petition as Annexure-D.

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2.5 The Testator's siblings i.e., her younger brother, Mr.G.Sudhindra and younger sister, Smt.Prabhavathi K.Rao are also aware of the present petition being filed by the Executors of the Will and they also issued 'no objection letters' to the

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4 - NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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petitioners herein which is annexed along with their respective self attested identification at Annexure-E.

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2.6 The Testator executed her last Will on 05.10.2013 providing as to how her assets should be distributed. It is stated that the Testator was in a sound state of mind, in able condition to execute the Will and she was not suffering from any infirmities affecting her mental disability and power of judgment to make the Will.

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2.7 The Will dated 05.10.2013 was executed by the Testator in the presence of two attesting witnesses namely, (i) Ms.Meera Murti and (ii) Dr.Rekha V.Kumar. The affidavits of the attesting witnesses confirming the due execution of the Will are also produced at Annexures-F and G.

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2.8 The total gross value of assets of the Testator is stated to be Rs.5.38 crores, so also, it is stated that there are no liabilities standing in the name of the Testator. The net value is Rs.5,38,93,706/-.

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Under these circumstances, the petitioners filed this petition to grant of Probate of the Will in respect of the assets

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NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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of deceased Late Smt.Ahalya Rao having executed the Will dated 05.10.2013 in favour of the petitioners and allow the last Will and testaments of the Testator to be approved.

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It is the contention of the learned counsel for petitioners that the Testator was residing in the address mentioned hereinabove and the estates of the deceased are located in Bengaluru and Mumbai.

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The petitioners have taken out citations by way of news paper publication on 11.04.2023 in Indian Express (Bengaluru and Mumbai Edition) English Daily, so also, Hosa Digantha Kannada Daily, dated 11.04.2023. Pursuant to the citation having been published in the above said newspapers publication, there are no rival claims or whatsoever claim made by anyone on the estate of the deceased Testator.

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The petitioners have filed the respective affidavits along with the immovable and movable properties i.e., Schedule A and B. The verifying affidavits are also filed. The original Will has been produced and the same is kept in a safe custody of this Court.

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6 - NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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Pursuant to the citation having taken out in the newspapers publication, the attestors to the Will dated 05.10.2013 came before this Court and appeared before the learned Central Project Coordinator (CPC), Senior Civil Judge Court and Court Commissioner and recorded the evidence of the attestors namely, Ms.Meera Murti and Dr.Rekha V.Kumar, who have stepped into the witness box. They have examined the Will and identified the signature of the Testator and also their signatures. The Will is marked as Ex.P1 and the signatures of the Testator are marked as Exs.P1(a) to P1(d) and their signatures are marked as Exs.P1(e) and P1(f) respectively. They have stated, on oath, that they were present at the time of execution of the Will and the Testator was in sound state of mind at the time of execution of the Will.

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In view of the fact that there is no rival claim made pursuant to the citation taken out in the newspapers publication stated herein supra in effect that there is no claim made against the petitioners for grant of Probate of the Will and the procedure in accordance with the Indian Succession Act and the Rules of Probate having been followed, I do not find any legal

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NC: 2023:KHC:32235 PROB.CP No. 6 of 2023

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impediment in allowing this petition. Accordingly, I proceed to pass the following:

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ORDER

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i) The petition is allowed ; ii) Registry is directed to issue probate in favour of the petitioners, in respect of the last Will and testament dated 05.10.2013 of Late Smt.Ahalya Rao, wife of Late Sri Jangalahalli Ranganatha Rao, to have effect throughout the Union of India;

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iii) The inventory shall be submitted by the petitioner within a period of six (06) months from the date of grant of probate;

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iv) The final accounts shall be submitted by the petitioner within a period of twelve (12) months i.e. one year from the date of grant of probate.

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Sd/JUDGE

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CPN CT: ABS

R Muralidhar Rao v. Nil

Case brief

What is this about?

What did the court decide?

R Muralidhar Rao v. Nil

Case brief

What is this about?

What did the court decide?

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