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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 3RD DAY OF NOVEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE A S BOPANNA

PROB. C.P. No.1/2017

BETWEEN:

C.S.RAVISHANKAR, SON OF DR.C.D.SREENIVASA MURTHY, AGED BOUT 42 YEARS, RESIDING AT NO.148, 1ST MAIN ROAD, YADAVAGIRI, MYSURU – 570 020. ... PETITIONER

(BY MS. SAHANA DEVANATHAN, ADV. FOR SRI.S.R.KAMALA CHARAN, ADV. FOR M/S. SUNDARASWAMY & RAMDAS, ADVS.)

AND:

NIL ... RESPONDENT

THIS PETITION IS FILED UNDER PART IX OF THE INDIAN SUCCESSION ACT, 1925, WITH A PRAYER TO GRANT PROBATE OF THE WILL DATED 28.02.2011 REGISTERED AS DOCUMENT NO.RJN-3-00359-2010-11, IN BOOK III, STORED IN C.D.N. NO.RJND 168 IN THE OFFICE OF THE SUB-REGISTRAR, RAJAJINAGAR, BENGALURU EXECUTED BY LATE DR. C.S. CHANDRASEKHARA MURTHY AT ANNEXURE-B IN FAVOUR OF THE PETITIONER, TO HAVE EFFECT THROUGHOUT THE UNION OF AND ETC.

THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

The petitioner is before this Court seeking that probate in respect of the Will dated 28.02.2011 executed by late

Dr.C.S.Chandrashekar Murthy be granted in favour of the petitioner to have effect throughout India.

2. The petitioner who is appointed as one of the

Executors under the Will dated 28.02.2011, seeking grant of probate is before this Court.

3. This Court through the order dated 09.06.2017 had directed that public notice be taken out in ‘’

‘’ and ‘Star of ’. The said order has been complied and the necessary paper publications have been filed before this Court. Despite paper publication no person has approached this Court opposing this petition.

4. In that light, I have heard the learned counsel for the petitioner and perused the petition papers.

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5. The petitioner herein is the nephew of the deceased.

The deceased Dr.C.S.Chandrashekar Murthy has executed the

Will bequeathing the properties as indicated therein in the

Will. He has appointed Dr.C.D.Srinivasa Murthy, father of the petitioner herein as also the petitioner as the executors and has indicated that they may either act jointly or severally.

Presently, the petitioner is before this Court seeking grant of of probate. Though no document has been produced to indicate that Dr.C.D.Srinivasa Murthy has consented to the filing of this petition, no objection has been raised subsequent to the paper publication made. Hence, the petition is taken up for consideration.

6. In that light, the petitioner has through the verifying affidavit in the petition verified the contents as put forth in the petition relating to the Will executed by the deceased and the manner in which the same is to be executed by the petitioner. The certificate of death at Annexure-A would indicate that the testator to the Will viz.,

Dr.C.S.Chandrashekar Murthy expired on 18.10.2016. 4

Hence, the executors are required to carry out the intention of the testator as the Will has come into effect.

7. Sri B.P.Rajashekar Murthy one of the attesting witnesses to the Will has sworn to the affidavit referring to the Will dated 28.02.2011 and he having been present at the time when the testator had executed the Will, has thereafter signed the Will as one of the attesting witnesses. In the said affidavit, he has referred to Sri A.Vaitheeswaran, the other attesting witness also being present at that time. The said Sri

A.Vaitheeswaran has also sworn to the affidavit referring to the Will dated 28.02.2011 being executed by late

Dr.C.S.Chandrashekhara Murthy and the fact of

Sri B.P.Rajashekar Murthy being present at that time.

8. If that be the position, the affidavits of the attesting witnesses would disclose that the Will in question was executed by Dr.C.S.Chandrashekar Murhty. The affidavit of valuation as filed by the petitioner would refer to the assets which are now to be administered by him as an executor of 5 the Will and carry out the intention of the deceased.

Therefore, in the said circumstance, the prayer as made in the petition is to be accepted.

9. Accordingly, the Will dated 28.02.2011 registered as

Document No.RJN-3-00359-2010-11 in Book III Stored in

CDN No.RJND 168 in the office of the Sub-Registrar,

Rajajinagar executed by late Dr.C.S.Chandrashekar Murthy is held to be proved. The registry is directed to issue the probate to have the effect throughout India. The necessary stamp paper be submitted by the petitioners in the registry.

The petition is accordingly disposed of.

Sd/- JUDGE

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