IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA PROB.CP.8/2018 BETWEEN :
Mr. VIMAL DHARIWAL S/O FATEH CHAND DHARIWAL AGED ABOUT 76 YEARS R/AT FLAT No.C21, CENTURY CORBEL, 60 FEET ROAD, SAHAKAR NAGAR, BENGALURU-560092. ...PETITIONER (BY SRI I.S.DEVAIAH, ADV. FOR K.S.DEVARAJ, ADV.) AND :
NIL …RESPONDENT THIS PROBATE C.P. IS FILED UNDER SECTION 276 READ WITH SECTION 300 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT PROBATE OF THE WILL DATED 28.01.2008, EXECUTED BY DECEASED Mrs. LATA DHARIWAL IN FAVOUR OF THE PETITIONER AND THEREOF TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AND ETC.
THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R The petitioner is seeking grant of probate in respect of the Will dated 28.01.2008 executed by the deceased Mrs.Latha Dhariwal in favour of the petitioner and thereof to have effect throughout the Union of India. It is submitted that the wife of the petitioner Mrs.Latha Dhariwal is stated to have executed a Will dated 28.01.2008 whereby all and singular assets of the deceased Mrs.Latha Dhariwal has been bequeathed in favour of the petitioner, to hold the same as the absolute owner with full power of ownership and possession, including without limitation, alienation and disposal. The petitioner has been appointed as the Executor and Trustee of the said Will. The death certificate of the deceased Mrs.Latha Dhariwal would disclose that she expired on 13.03.2011. The affidavit of the witnesses Sri.Pyarelal A. Munot and Sri.Ashok Bharaktiya are placed before this Court wherein it is stated that the testatrix Mrs.Latha Dhariwal has put her signature to the last Will and testimony dated 28.01.2008 when both of them were present and affixed their respective signatures in the presence of the testatrix. The children of the petitioner viz., Sri.Ashish Dhariwal and Sri.Amit Dhariwal have given no objection to transmit the equity shares held in the name of their mother to the petitioner which are described herein.
The affidavit of assets is filed by the petitioner which is as under:
Shares held in Aditya Birla Capital Limited
Shares held in Grasim Industries Limited No. of Shares Folio No. Certificate No.
Approximate value as on date
Shares held in Ultra Tech Cement Limited
This Court vide order dated 03.08.2018 had directed the petitioner to take out paper publication in two Newspapers, one in English and another in Regional language, Bangalore, Hyderabad and Bombay Editions. The said citation has been carried out by the petitioner and has been placed on file along with the memo dated 29.8.2018. No person interested in the subject matter herein has approached this Court to oppose the petition. This Court having perused the documents which have been referred to above, finds it appropriate to hold that the petitioner has proved the last Will and testament of Mrs.Latha Dhariwal and accordingly is entitled to the probate, as prayed for. Hence, the following:
ORDER The petition is allowed. Last Will and Testament dated 28.01.2008 executed by late Mrs.Latha Dhariwal are held to be proved. The petitioner is entitled to grant of probate in respect of the same. The probate shall be issued on payment of the required court fee. The petitioner shall file the inventories within six months and accounts within one year from the date of grant of probate.
Sd/- JUDGE Dvr: