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.19 OF 2018 BETWEEN:
1. MR.REGINALD CHARLES RUFUS SON OF ABOVE NAMED DECEASED AGED 69 YEARS PRESENTLY RESIDING AT BLDG 2A APT. SE3, MODEL STATUS DONA PAULA GOA 403 004 … PETITIONER (BY SMT.PATTU M.GOPAL, ADV.) AND:
NIL ... RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX, (SECTION 270, 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, AND THAT HE MAY BE ALLOWED TO PROVE THE AFORESAID WILL DATED 14TH DECEMBER 2010 IN COMMON FORM AND THAT PROBATE THEREOF, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HIM 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:
Petitioner may be allowed to prove the aforesaid Will dated 14.12.2010 in common form and that Probate thereof, to have effect throughout the Union of India, may be granted to the petitioner.
2. Deceased Mr.Reginald Azariah Rufus left written last Will and Testament on 14.12.2010. He died on 28.3.2013. Death certificate issued on 8.5.2013. The last Will and testament was attested by the two witnesses. One of the witness namely Sri Sunil Gunjikar filed an affidavit on 12.10.2018. Petitioner has taken paper publication on 21.12.2018 in the leading English newspaper ‘The Hindu’. There were no objectors. Such paper publication undertaken by the petitioner was filed in the present petition on 03.1.2019. On perusal of the documents produced along with the petition, petitioner is entitled to relief sought in the petition.
3. Having perused the papers and having noticed that petitioner herein who is appointed as an Executor under the last Will and Testament dated 14.12.2010 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. 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 ender to this Court true accounts of the properties and credit within one year from this date.
Petition stands allowed accordingly.
Sd/- JUDGE BS