Plea Filed By Sole Legatee Seeking Probate Of Will Of Deceased Is Maintainable: Karnataka High Court

The Karnataka High Court has said that a petition filed by the sole legatee seeking probate of the will of the deceased is maintainable before the court.A division bench of Justice Anu Sivaraman and Justice K. Manmadha Rao held thus while allowing an appeal filed by Jayaram B S, who had challenged the order of the trial court rejecting his probate application. The probate court had rejected a plea made by the sole legatee named in the will of his father, BT Sanjeevaiah on the grounds that the appellant was a legatee in the bid and not an executor appointed under the Will, the Probate Court has declined to grant probate. It was stated that Section 222 of the Indian Succession Act, 1925 provides that the Probate shall be granted only to an executor appointed by the Will and since the appellant is only the beneficiary of the Will and not the executor, probate cannot be granted. The appellant argued that he is the son of the executor of the Will and that a reading of the Will would clearly show that the property in question is bequeathed to him by his father. The property stands transferred to him and vests in him by virtue of the Will as an absolute right holder. Moreover, Section 222 of the Indian Succession Act, 1925 specifically provides that the appointment as executor may be express or by necessary implication.Reliance was placed on a co-equal bench of this Court in MFA No.4477/2023, which held that the executor of the will, by express appointment or necessary implication, can maintain an application for probate. The bench noted that the appellant is the son of the testator. It said that in the Probate Court as well as before this Court, notice was taken out by paper publication, and there is no objector who has entered appearance. The execution of the Will has been duly proved by the appellant by examining two attesting witnesses. Then it held “Having considered the contentions advanced, we are of the opinion that since a person who is an executor of the Will, by express appointment or by necessary implication can maintain an application for probate, the sole legatee, in the instant case and specifically in view of the wording of the Will was entitled to maintain this application for probate.” Accordingly, it allowed the appeal and set aside the trial court order and directed the probate Court to grant probate of the Will of Sri. B. T. Sanjeevaiah dated 20.01.2020 in due form to the appellant, forthwith.Advocate Sandesh C R for Advocate Jayaraj D S for Appellant.Citation No: 2025 LiveLaw (Kar) 208Case Title: Jayaram B S AND NIL Case No: MISCELLANEOUS FIRST APPEAL NO. 8090 OF 2024Click Here To Read/Download Order

Plea Filed By Sole Legatee Seeking Probate Of Will Of Deceased Is Maintainable: Karnataka High Court

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