IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI PROB.CP. NO.16 OF 2013 BETWEEN:
DR.KODENDERA C MEDAPPA SON OF K.M.CARIAPPA AGED ABOUT 76 YEARS RESIDING AT LUCKUNDA ESTATE KOTHUR VILLAGE POST BOX NO.9, KUTTA KODAGU DISTRICT (BY SRI.CHRISTOPHER FOR SRI.JOSHNA HUDSON SAMUEL, ADV.) AND:
1. MRS.P.BOLLAMMA GANAPATHY WIFE OF GANAPATHY SINCE DECEASED BY HER LR’S 1. (a) D.DIVYA PONNAPPA DAUGHTER OF LATE GANAPATHY RESIDING AT NO.15 BERLIE STREET, LANGFORD TOWN BANGALORE-560 025 1. (b) CHENGAPPA PULLIANDA SON OF LATE GANAPATHY RESIDING AT NO.15 BERLIE STREET, LANGFORD TOWN BANGALORE-560 025 1. (c) CHITRA AYANNA DAUGHTER OF LATE GANAPATHY RESIDING AT NO.15, BERLIE STREET … PETITIONER LANGFORD TOWN BANGALORE-560 025 2. MRS.P.PONAMMA MANDAPPA WIFE OF MANDAPPA AGE MAJOR RESIDING AT NO.8/2 PALMGROVE CROSS ROAD VICTORIA LAYOUT BANGALORE-560 047 ... RESPONDENTS THIS PROBATE CIVIL PETITION IS FILED UNDER SECTION 276 PARTS VIII AND IX OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW THE PETITIONER TO PROVE THE SAID LAST WILL AND TESTAMENT IN COMMON FORM AND THAT PROBATE THEREOF BE GRANTED AND TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC.
THIS PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition is presented by the son of the deceased Mrs.K. Gangamma cariappa for grant of probate in respect of the Will dated 07.11.1993. Petitioner’s mother Mrs. K. Gangamma Cariappa died on 22.4.1999. Death certificate is dated 26.5.1999. The original WILL is deposited in the Registry.
2. The petitioner’s sisters are respondents who are served, unrepresented and they have given no objection in favour of the petitioner. Petitioner has taken citation through ‘Udayavani’ Kannada daily newspaper, ‘The Hindu’ English Newspaper. There were no objectors. The deceased having made the WILL left behind the petitioner and two daughters and putforth the properties owned by her in the manner set out in the WILL. The petitioner is appointed as the Executor of the aforesaid Will dated 7.11.1993 and duly witnessed by two persons including an advocate (Sri A.B. Ramesh), Madikeri. Deceased testatrix is stated to be signed and she executed the WILL on her own volition .
3. Having perused the papers and having noticed that the petitioner herein is the person who has been appointed as the executor under the last WILL and testament and since movable and immovable properties indicated in the WILL are to be applied as per the desire of the Testatrix, the petition is allowed. Probate be accordingly granted on payment of requisite Court fee. Petitioner shall act in terms of the WILL and file list of inventory before this Court within a period of six months from this date and to also render a true account of the said property and credits within one year of the date of the said grant.
Sd/- JUDGE BS