- 1 - HC-KAR NC: 2025:KHC:22953-DB MFA No. 3004 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 3004 OF 2025 (ISA) BETWEEN: SRI MADHUKAR SRIVASTAVA S/O LATE SANTOSH KUMAR AGED ABOUT 58 YEARS RESIDING AT FLAT NO. B-46 SHRI RAM SADHANA APARTMENTS M S RAMAIAH MAIN ROAD, NEAR GOKULA-MATHIKERE FLYOVER, GOKULA, BANGALORE-560 054. …APPELLANT (BY SMT. M.INDIRA PRIYA DHARSHINI, ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED U/S.299 OF INDIAN SUCCESSION ACT, 1925, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 06.03.2025 IN P & Sc 63/2024 PASSED BY THE IX Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22953-DB MFA No. 3004 of 2025 ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE THEREBY DISMISSING THE PETITION FILED BY THE APPELLANT UNDER SECTION 222 & 276 OF THE INDIAN SUCCESSION ACT AS PER ANNEXURE-‘A’ AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. This appeal is preferred against the judgment of the Appellate Court dated 06.03.2025. 2. The application filed by the appellant for probate in respect of a Will dated 27.10.2012, executed by Dr.Arvind Srivastava has been rejected on the ground that the Testator is a Hindu and that no probate is required by law. Further, it has been stated that the appellant, who has sought the probate, is not the appointed executor in terms of the Will. - 3 - HC-KAR NC: 2025:KHC:22953-DB MFA No. 3004 of 2025 3. Learned counsel appearing for the appellant submits that the Will dated 27.10.2012 has been duly proved by examining one of the attesting witnesses as PW2. It is submitted that public notice had been taken out, but there was no appearance before the Probate Court. Notice of this appeal has also been duly taken out, and none appears to object to the probate. 4. Learned counsel appearing for the appellant places reliance on the judgments of this Court in Smt.Rihana Parveen Vs.Nil in MFA No.3238/2019 as also the judgment dated 17.02.2025 in the case of Smt.Renuka Vs. Nil in MFA No.4477/2023. It is submitted that this Court has held that a sole beneficiary of the Will is an executor of the Will, by necessary implication and as such, the application for probate filed by the sole beneficiary is maintainable. Further, it has been held by this Court that though the law does not require probate for a Hindu Will, there is no prohibition against a Hindu seeking probate of the Will. - 4 - HC-KAR NC: 2025:KHC:22953-DB MFA No. 3004 of 2025 5. Having considered the contentions advanced, we notice that the application for probate filed by the appellant herein has been rejected only on the ground that the appellant is not named as the executor in the Will and that there is no requirement for a Hindu Will to be probated. 6. In view of the provisions of the Indian Succession Act, 1925 (for short hereinafter referred to as ‘the Act’), specifically Section 2(c) and Section 222 of the Act, we are of the opinion that the appointment of an executor can be expressed by necessary implication. In the instant case, where the appellant is a sole beneficiary of the Will, it has to be construed that there is an appointment of the appellant as the executor by necessary implication. We are in respectful agreement with the opinion expressed by this Court in MFA No.3238/2019. - 5 - HC-KAR NC: 2025:KHC:22953-DB MFA No. 3004 of 2025 7. In the above view of the matter, the appeal is allowed. The impugned order dated 06.03.2025 is set-aside. The probate shall be granted to the appellant without delay. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 19