ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:-
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
CAV ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA) Present petition is filed under Sections 273 and 276 of the Indian Succession Act, 1925, by Mr.Peter Anandaraj, with the following prayer:
"Your petitioner, therefore, pray:-
That he may be allowed to prove the aforesaid Will dated 15th June 2019 in common form and that Letters of Administration with the said Last Will and Testament dated 15th June 2019 annexed, to have effect throughout the Union of India, may be granted to him."
2. Facts of the case in brief which are utmost necessary for disposal of the present petition is as under:
Ms.Dony, also called as Ms.Dony Pooswamy, Tony, Tony Pooswamy being a Christian, breathed her last on 09.11.2021 at Bengaluru. She last lived in the house
2
bearing Old No.14, New No.2, Langford Road, 1stCross, Shanthinagar, Bengaluru-250 027. She said to have executed a registered Will and testament in the presence of two witnesses.
3. The Will was registered in the office of the Sub Registrar, Jayanagar, BTM Layout, Bengaluru. Petitioner claims that he is the sole beneficiary and universal legatee as there was no executor named in the Will.
4. As per the assets which are left behind by the deceased, the value thereof would not exceed in aggregate in a sum of Rs.1,00,55,000/- (Rupees One crore fifty five thousand only) and the net value thereof is Rs.98,05,000/- (Rupees ninety eight lakhs five thousand only).
5. Petitioner has undertaken to administer the property and credits of the deceased. He has also undertaken to carry out full and true inventory thereof and place the same before the Court after Letter of Administration with regard to the last Will executed by the deceased and sought for approving the Will before the Court.
3
6. Since there are no respondents in the case, citation was ordered by this Court which was duly published in 'Kannada Praha' Kannada daily and 'The Hindu' English daily, Bengaluru edition dated 31.05.2023.
7. Pursuant to the said citation, none appeared and objected for grant of Letter of Administration in respect of last Will and testament executed by the deceased.
8. Thereafter, this Court permitted the petitioner to examine himself as a witness to prove the Will formally. He has filed an affidavit in lieu of examination-in-chief. In the absence of any contest, there was no cross- examination.
9. Petitioner proceeded to examine Mrs.Mary Anand who is one of the witnesses to Ex.P.1-Will. She has specifically deposed before the Court by filing an affidavit that deceased Ms.Dony Pooswamy executed the Will in her presence and she has affixed her left thumb impression in her presence on each page of Ex.P.1.
4
10. It is also deposed by her that after the deceased affixed her left thumb impression, she has signed as a witness in the last sheet of the Will, so also her daughter Monica Anand signed the said Will as witness No.2.
11. In view of the fact that no one has appeared pursuant citation in objecting the Will, oral testimony of P.W.1 and P.W.2 remains unchallenged.
12. Since Ex.P.1 being last Will and registered and is proved before the Court by examining the beneficiary under the Will who is also profounder of Ex.P.1 and one of the witnesses to Ex.P.1 viz., Mrs.Mary Anand, who has also supported the case of the petitioner by deposing before the Court that she has seen the deceased affixing her left thumb impression on each and every page of Ex.P.1, in the absence of any contest, validity of the Will pursuant to the citation issued by this Court which is marked vide Exs.P.3 and P.4 in English and Kannada News papers, this Court is of the considered opinion that petitioner has made out a case to grant the Letter of Administration.
5
13. Hence, the following:
ORDER
(i) The Registry is directed to issue Letter of Administration in the name of the petitioner in respect of estate of late Ms.Dony @ Tony, Ms.Dony Pooswamy, Tony Pooswamy as per the Will dated
15.06.2019.
(ii) The petitioner is further directed to furnish the inventory within six months from the date of grant letter of Administration and accounts within one year from the said date.
(iii) Accordingly, this Probate Civil Petition is
allowed.
Sd/-
(V. SRISHANANDA)
JUDGE
kcm
6