Allowed

Puli Balaji Rao v. Nil

Karnataka HC7 Sept 2023PROB.CP/9/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the petition for grant of probate on the last Will and Testament dated 14.04.2022 of the late Christopher Pramanik. The court found no rival claims after newspaper citations and directed the registry to issue probate to the petitioner as executor.

What did the court decide?

Probate of the Will dated 14.04.2022 granted to the petitioner as executor; inventory submission within 6 months; final accounts within 12 months.

Puli Balaji Rao Vs Nil — Succession and Inheritance | Karnataka HC (2023)

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1 - NC: 2023:KHC:34239 PROB.CP No. 9 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 PROBATE CIVIL PETITION NO. 9 OF 2023

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BETWEEN:

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PULI BALAJI RAO, AGED ABOUT 56 YEARS, SON PULI HARSHA RAO, RESIDING AT H - 1003, APARNA CYBER COMMUNE, NALLAGANDLA, SERILINGAMPALLY, LINGAMPALLY K V RANGAREDDY, ANDHRA PRADESH - 500 019.

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…PETITIONER

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(BY SRI. KASHYAP N. NAIK AND SRI. VIVEK B, ADVOCATES)

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AND:

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NIL

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Digitally signed by GAYATHRI P G Location: High Court of Karnataka

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…RESPONDENT

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THIS PROBATE CIVIL PETITION IS FILED UNDER SECTION 276 OF THE INDIAN SUCCESSION ACT, 1925, READ WITH RULE 5(A)(I) OF THE KARNATAKA HIGH COURT RULES (GOVERNING PROBATE AND ADMINISTRATION MATTERS, 1964), PRAYING TO GRANT PROBATE OF THE LAST WILL AND TESTAMENT DATED 14.04.2022 EXECUTED BY THE LATE CHRISTOPHER PRAMANIK, AND CONSEQUENTLY APPOINT THE PETITIONER HEREIN AS THE ADMINISTRATOR/EXECUTOR OF THE SAID WILL AND CONSEQUENTLY HOLD THAT THE SOLE BENEFICIARY NAMLEY MR. ONIEL MICHEAL PRAMANIK IS ENTITLED TO THE SCHEDULE A AND SCHEDULE B PROPERTIES RESPECTIVELY AND ETC.

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NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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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 learned counsel for petitioner.

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This petition is filed by the petitioner seeking grant of

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probate in respect of the last Will and testament dated 14.04.2022 of Late Christopher Pramanik (hereinafter referred to as "Testator"). The original Will dated 14.04.2022 is annexed to this petition at Annexure-A. The petitioner is the Executor of the Will.

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2.1 It is stated that Late Christopher Pramanik died on 03.05.2022 at Nagpur. The death certificate of the Testator is produced at Annexure-C. It is also stated that the Testator was a resident of flat bearing No.202, Anand Villa, No.23, New No.59, Langford Road, Langford Town, Bengaluru-560025, which is his permanent address and fixed place of abode.

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2.2 It is stated that Late Christopher Pramanik was married to one Sanjukta Roy and from their wedlock, two children were born, namely, Natasha and Nathan. It is further stated that the said children were living with their mother and had no relationship with the Testator as their parents got

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3 - NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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divorced. The Testator got divorced from his wife by mutual consent vide decree of divorce granted on 20.06.2007 by the Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No.20/2007. The copies of decree of divorce and the joint compromise petition filed in the said suit are annexed to this petition at Annexure-B. It is also stated that since the date of decree of divorce, the children of the Testator were not in touch with him and were residing with and under the sole custody of their mother. The divorced wife and children of the Testator are not known to the petitioner.

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2.3 The Testator has bequeathed all his assets to his brother Mr.Oniel Micheal Pramanik. The attested copies of Aadhaar cards of the petitioner and Testator’s brother are produced at Annexure-D.

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2.4 The Testator has acquired the residential property bearing PID No.76-30-59/5, being the residential flat No.202, Anand Villa, No.23 (New No.59), Langford Road, Langford Town, Bengaluru, morefully described in Schedule ‘A’. The Testator and his wife jointly purchased the Schedule ‘A’ property vide sale deed dated 31.10.2002, duly registered as

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4 - NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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3773/2002-03 in Book 1 and stored in CD No.34 in the office of the Sub-Registrar, Shivajinagar. After their divorce, Smt.Sanjukta Roy executed a Relinquishment Deed dated 24.01.2008, duly registered as Document No.3963/2007-08 of Book I and stored in CD No.SHVD95 in the office of the SubRegistrar, Shivajinagar. Thus, the Testator became the sole and absolute owner of the Schedule ‘A’ property. The copies of the sale deed dated 31.10.2002 and relinquishment deed dated 24.01.2008 are produced at Annexures-E and F respectively.

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2.5 The Testator also acquired various movable properties and maintained various Bank accounts, mutual fund investments, investments and insurance policies, which are described in Schedule ‘B’.

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2.6 The Will dated 14.04.2022 was executed by the

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Testator in the presence of two attesting witnesses namely, (i) Mr.P.Manohar Samuel and (ii) Mr.Krishna Mohan Y.

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2.7 It is stated that since the date of death of the

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Testator till date, neither the petitioner nor the beneficiary, nor any person claiming through or under him, have alienated or

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5 - NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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encumbered or disposed or created any third party interest in respect of the Schedule ‘A’ or ‘B’ properties.

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2.8 The divorced wife and children of the Testator are

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not in contact with him since the year 2007 and his brother Mr.Oniel Micheal Pramanik looked after the Testator. The Testator was not close to any other family members apart from his brother. The Testator and his brother shared a very cordial and loving relationship with each other. It is stated that the children of the Testator were not traceable, despite repeated attempts by the family of the deceased Testator. The whereabout of the children are neither known by the petitioner herein or any other family or friend of the Testator. There has been no contact of the erstwhile wife or children of the Testator with his brother or with the petitioner since the death of the Testator. As such, no other person apart from the beneficiary named under the Will has any manner of right, title, interest or share in respect of the schedule properties. Since there are no rival claimants and the petitioner herein has been assigned under the Will to execute/enforce the terms of the Will dated 14.04.2022, it is just and necessary to grant probate in respect of the Will.

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2.9 Mr. Oniel Micheal Pramanik is the sole nominee on Bank records of all the holdings of the Testator in savings bank account and fixed deposits in ICICI. An application by the petitioner herein, requesting to transfer of such holdings in the name of Mr.Oniel Micheal Pramanik has been submitted on 23.03.2023 to the ICICI Bank, Koramangala Branch, Bengaluru and the said request is under process by the said Bank. The petitioner is not aware of the details of the accounts, other investments and amounts involved in the same by the Testator with SBI, SPLPBB Branch, St. Marks Road Branch, Bengaluru and Citi Bank, MG Road Branch, Bengaluru. However, the same have been duly bequeathed entirely in favour Mr.Oniel Micheal Pramanik in the said Will dated 14.04.2022.

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2.10 The total gross value of assets of the Testator is stated to be Rs.3.38 crores, so also, it is stated that there are no liabilities standing in the name of the Testator. The net value is Rs.3,38,14,629.05/-.

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Under these circumstances, the petitioner filed this petition for grant of Probate of the Will in respect of the assets of deceased Late Christopher Pramanik having executed the

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NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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Will dated 14.04.2022 in favour of the petitioner 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 petitioner that the Testator was residing at Nagpur at the time of his death and he was a resident of Hyderabad where he was staying in a rented property as a tenant. The estates of the deceased are located in Bengaluru.

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The petitioner has taken out citations by way of newspapers publication on 15.07.2023 in ‘Deccan Herald’ English Daily and ‘Prajawani’ Kannada Daily. 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 petitioner has filed the affidavit of assets along with the form of valuation of estate of the deceased.

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Pursuant to the citation having taken out in the newspapers publication, the Executor i.e. the petitioner herein and the attestors to the Will dated 14.04.2022 came before this Court and appeared before the learned Central Project

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8 - NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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Coordinator (CPC), Senior Civil Judge Court and Court Commissioner and recorded the evidence of the Executor and the attestors namely, Sri Puli Balaji Rao, Sri P.Manohar Samuel and Sri Krishna Mohan, who have stepped into the witness box. They have examined the Will and identified the signature of the Testator and also the signatures. The Will is marked as Ex.P1 and the signature of the Testator is marked as Ex.P1(a) and their signatures are marked as Exs.P1(b) and P1(c) respectively. The attestors 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 petitioner 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 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 ;

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9 - NC: 2023:KHC:34239 PROB.CP No. 9 of 2023

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ii) Registry is directed to issue probate of the last Will and Testament dated 14.04.2022 executed by Late Christopher Pramanik in favour of the petitioner herein as the administrator/Executor of the said Will with regard to the assets and credits of the properties mentioned in Schedule ‘A’ and ‘B’.

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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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v) The petitioner, who is the Executor, in whose favour the probate is granted, is at liberty to execute the Will in accordance with law.

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Sd/JUDGE

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CPN

Puli Balaji Rao v. Nil

Case brief

What is this about?

What did the court decide?

Puli Balaji Rao v. Nil

Case brief

What is this about?

What did the court decide?

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