IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI PROB.CP. NO.21 OF 2018 BETWEEN:
1. MS.MARY SUSAN GEORGE CHRISTIAN, DAUGHTER OF THE ABOVE NAMED DECEASED, AGED 54 YEARS, PRESENTLY RESIDING AT NO.15 (OLD NO.22/1) ALEXANDRA STREET, RICHMOND TOWN BENGALURU-560 025 (BY SMT.PATTU M.GOPAL, ADV.) AND:
… PETITIONER NIL ... RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX, (SECTION 270, 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, AND THAT SHE MAY BE ALLOWED TO PROVE THE AFORESAID WILL DATED 8TH DECEMBER 2014 IN COMMON FORM AND THAT PROBATE THEREOF, TO HAVE EFFECT THROUGH OUT THE UNION OF INDIA, MAY BE GRANTED TO HER AND ETC.
THIS PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following relief:
“she may be allowed to prove the aforesaid Will dated 8th December 2014 in common form and that Probate thereof, to have effect through out the Union of India, may be granted to her”
2. Petitioner’s mother Mrs.Sucy Goerge executed a last Will and Testament while appointing the petitioner- Ms. Mary Susan George has executrix of last Will and Testamentary. Deceased Mrs.Sucy Goerge died on 26.8.2017. Annexure-A is the death certificate issued on 5.9.2017. Petitioner has taken paper publication in ‘The Hindu’ English Newspaper on 26.04.2019 and also in ‘Kannada Prabha’. A copy of the paper notifications presented in this Court on 3.5.2019. There were no objectors in support of the petitioner’s grievance. An affidavit of the sole witness to the Will and Testament is filed on 17.12.2018 (page No.7 of the petition) by Carlos DA Costa.
3. Perused the papers and having noticed that petitioner herein who is appointed as an Executor under the last Will and Testament dated 08.12.2014 and since immovable properties indicated in the Will are to be complied as desired by the testator, petition is allowed. The probate to be granted in terms of the same. The petitioner to file with the Registry the full and true inventory within six months from the date of grant of probate and shall also file with the Registry a true account of the assets and credits within one year from the date of grant of probate.
Sd/- JUDGE BS