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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF JULY 2016

BEFORE

THE HON’BLE MR. JUSTICE A. N. VENUGOPALA GOWDA

MISCELLANEOUS FIRST APPEAL NO.7378 OF 2015 (ISA)

BETWEEN

PARAMESHWARAIAH
AGED ABOUT 44 YEARS
S/O LATE HONNEGOWDA
R/AT. GYAREHALLI VILLAGE
NITTUR HOBLI
GUBBI TALUK
TUMAKURU DISTRICT
... APPELLANT
(BY SRI PATEL D. KAREGOWDA, ADV.)

AND

NILL
... RESPONDENT

THIS MFA FILED UNDER SECTION 384 OF THE

INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED
04.08.2015 PASSED ON P & SC 46/2013 ON THE FILE OF
THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMKUR, DISMISSING THE PETITION FILED UNDER
SECTION 276 AND 28 OF THE INDIAN SUCCESSION ACT.
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THIS APPEAL COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Smt.Nagamma, mother of the appellant allegedly

executed a Will dated 12.09.2006. She has died on

14.02.2007. The appellant filed P & SC No.46/2013

before the District Court, Tumkur, for grant of probate

of the Will by filing a petition under Section 226 of the

Indian Succession Act, 1925. The learned First

Additional District Judge, Tumkur, having dismissed

the said application as not maintainable by an order

dated 04.08.2015, this appeal was filed.

2. Heard Sir.Patel D.Karegowda, learned

advocate and perused the record.

3. Indisputedly, the appellant was not

appointed as an executor. The appellant being a legatee,

filed the said petition. The Court below having regard to

the enunciation of law in the case of Srinivas and

others Vs. K.V.Srinivasa Rao, AIR 1986 KAR 9, has

held that it is not open to the legatee to apply for

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probate of the Will and even for an executor of the Will

probate is not required, as the Will is by a Hindu,

regarding immovable property situated in other territory

than Bengal, Bombay and Madras.

4. The view taken by the Trial Court in the

facts and circumstances of the case cannot be held to

be incorrect.

In the said view of the matter, there is no

justification to entertain this appeal and the same is

dismissed.

However, it is open to the appellant to claim his

rights based on Will dated 14.02.2007 alleged to have

been executed by Smt.Nagamma.

Sd/-
JUDGE

GH