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MRS SAVICA BARUA v. NIL
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HC-KAR
CNR: KAHC010178822022
NC: 2026:KHC:47056
PROB.CP No. 8 of 2022
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.,
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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.
2. Smt.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
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objections. Therefore, there was no impediment for grant of probate as sought.
3. Heard learned counsel and perused material on record.
4. This 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.
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5. Under 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.
6. In 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
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