Mrs Savica Barua v. Nil

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI PROBATE CIVIL PETITION NO.8 OF 2022 BETWEEN:

MRS.SAVICA BARUA NOW KNOWAN AS SAVICA SEN HINDU, AGED ABOUT 55 YEARS W/O MR.MADHUSUDAN SEN R/AT A-2, REGENCY PARK APARTMENTS NO.24, HALL ROAD RICHARDS TOWN, BENGALURU - 560 005.

…PETITIONER [BY SMT.ANN MARY GREEN, ADVOCATE (VC)] AND:

NIL

…RESPONDENT

THIS PROB.CP IS FILED UNDER PART IX (SEC.270 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW TO PROVE THE SAID WILL DATED 14.02.2020 IN COMMON FORM AND THAT PROBATE OF THE AFOREMENTIONED WILL TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO HER AND ETC.,

by ANUSHA V Location: High Court of Karnataka

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Seeking for grant of probate of Will dated 14.02.2020 executed by Shashikant Desai (Testator) bequeathing Flat no.A-2, Regency Park Apartments, No.24 Hall Road, Richards Town, Bangalore (Apartment) in favour of petitioner, this petition is filed.

¶2Smt.Ann Mary Green, learned counsel for petitioner submitted that Testator was a Hindu, owner of Apartment which was his self acquired property and was residing therein. That, Testator executed a Will on 14.02.2020 bequeathing Apartment in favour of petitioner and died on 23.07.2021, while on a holiday at Hamburg, Germany. As per Will, petitioner was appointed as his executor and was sole legatee. Will was executed in presence of attesting witnesses who deposed in favour of petitioner. It was submitted that after filing of this petition, citation was taken out and there were no

objections. Therefore, there was no impediment for grant of probate as sought.

¶3Heard learned counsel and perused material on record.

¶4This petition is filed for grant of probate of Will dated 14.02.2020 marked as Ex.P1. Perusal of Will reveals assertion by Testator about revocation of all previous Wills and Codicils, specifically, Will dated 09.04.2009 registered with Sub-Registrar, Ulsoor, Bangalore. Legatee herein is not a relative of Testator. Will seeks to cancel an earlier registered Will, there is no assertion either in Will or in petition about existence or non-existence of any legal heir or direct descendant of Testator and reasons for disinheriting them which would be a suspicious circumstance. Either in petition or in deposition, there is no explanation whatsoever offered by petitioner, even a copy of earlier registered Will, is not produced. Attestors have merely stated about attesting signature of Testator on Will. Thus, there is no material that would throw light on suspicious circumstances.

¶5Under above circumstances, even though original Will is produced and marked and attestors are examined, same would not by itself be sufficient for grant of probate.

¶6In view of above, this Court does not find justification to grant probate. Hence, petition is dismissed.

Sd/- (RAVI V HOSMANI) JUDGE

GRD List No.: 1 Sl No.: 28