- 1 - NC: 2025:KHC:5019 WP No. 17900 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17900 OF 2024 (KLR-RES) BETWEEN: 1. SRI R.MALLIKARJUNA S/O SRI K.P.RAVI AGED ABOUT 29 YEARS 2. SRI K P RAVI S/O LATE SRI A.PURADAPPA AGED ABOUT 58 YEARS BOTH ARE RESIDING AT DODDANINGENAHALLI LINGADAHALLI HOBLI AND POST TARIKERE TALUK CHIKMAGALUR DISTRICT-577129 …PETITIONERS (BY SRI. K B NAVEEN KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU -560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE TAHASILDAR OFFICE OF THE TAHASILDAR TARIKERE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5019 WP No. 17900 of 2024 TARIKERE TALUK CHIKMAGALUR-577129 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DATED 06.10.2023 VIDE BEARING NO.R.R.T.C.R.42/2023-2024 ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners are aggrieved by the endorsement dated 06.10.2023 issued by respondent No.2 – Tahasildar. Respondent No.2 – Tahasildar has declined to mutate the petitioners' name on the basis of the alleged Will obtained by the petitioners. 2. This endorsement issued by respondent No.2 clearly adheres to the law laid down by the Full Bench of this Court in the case of C.N.NAGENDRA SINGH VS. - 3 - NC: 2025:KHC:5019 WP No. 17900 of 2024 THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT AND OTHERS1 3. Upon a specific query raised by this Court to the learned counsel representing the petitioners regarding whether the Testator had passed away leaving behind any other legal heirs, the learned counsel candidly submitted that, apart from the petitioners, who are the son and grandchildren of the deceased Testator, there exist other legal heirs, namely the married daughters of the Testator. This submission establishes that the Testator is survived by multiple heirs, which is a crucial aspect in determining the rightful succession and the procedure to be followed concerning the estate left behind by the Testator. 4. In view of the admitted fact that the petitioners have siblings, including the married daughters of the Testator, as evidenced by the Certificate issued by the jurisdictional Tahsildar, it becomes imperative for the petitioners to initiate appropriate legal proceedings before 1 ILR 2022 KAR 2750 - 4 - NC: 2025:KHC:5019 WP No. 17900 of 2024 the competent Probate Court. They must obtain Probate in respect of the Will purportedly executed by the Testator before seeking any mutation of property in their favor. The law mandates that, in cases where the Testator is survived by Class-I heirs apart from the petitioners, the validity of the Will must be conclusively established through Probate proceedings before any further steps concerning inheritance can be taken. In light of this legal requirement, respondent No.2 – the Tahasildar, was fully justified in issuing the endorsement declining the request for mutation of property solely in favor of the petitioners. Any claim for mutation without the due process of Probate would be untenable, as it would disregard the rights of the other surviving Class-I heirs of the deceased Testator. I do not find any error in the endorsement. Reserving liberty to the petitioners to seek adjudication of Will, the captioned writ petition is dismissed. - 5 - NC: 2025:KHC:5019 WP No. 17900 of 2024 It is made clear that while filing the probate, the petitioners have to array all class-I heirs as Testators. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11