- 1 - NC: 2025:KHC:14911 WP No. 33720 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33720 OF 2024 (KLR-RES) BETWEEN: 1. SMT. AMBIKA MAHENDRA K W/O.LATE K.S.MAHENDRAA, AGED ABOUT 41 YEARS, R/AT. NO.02, ERANNA SWAMY NILAYA FARM HOUSE, NEAR VIVEN TRAILS APARTMENTS, ANJANEYA TEMPLE ROAD, KATTIGENAHALLI, YELAHANKA, BENGALURU NORTH - 560 064. …PETITIONER (BY SRI. VENKATESH R BHAGAT., ADVOCATE) AND: 1. THE TAHSILDAR OFFICE OF THE TAHSILDAR, MINI VIDHANA SOUDHA, YELAHANKA, BENGALURU 560 064. 2. THE REVENUE INSPECTOR, JALA HOBLI 2, JALA, BENGALURU NORTH TALUK - 562 149. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO THE IMPUGNED INTIMATION / ENDORSEMENT DATED 12/11/2024 AT NO. RRT/JALA- 2/CR/18/24-25 ISSUED BY THE TAHSILDAR / R1 AT ANN-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14911 WP No. 33720 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the endorsement of the Tahsildar, who was refused to register the khata in the name of the petitioner on the ground that the Will executed by her husband was unregistered. 2. The petitioner's counsel has filed an affidavit and, also produced the attested family tree issued by the Deputy Tahsildar, which indicates that the petitioner's husband K.S.Mahendra had left behind him his wife i.e., the petitioner, one daughter Haarineetha Kolipura Mahendra, aged 19 years and another minor daughter named Arinika M.K, aged 14 years. 3. In the light of this family tree, it is clear that the Khatedar K.S.Mahendra had left behind him his wife and two children, one of whom is a minor. Thus, even if the Will is to be ignored, the fact remains that - 3 - NC: 2025:KHC:14911 WP No. 33720 of 2024 the wife and children of the Khatedar are entitled to have their names registered as Khatedars by way of succession. 4. Since one of the daughters is a minor and there is an unregistered Will, in my view, in this particular case, it would be appropriate to direct the Tahsildar to mutate the name of the petitioner as the Khatedar, who has succeeded to the property on the basis of the Will executed by the Khatedar K.S.Mahendra. 5. It is however made clear that the mere registration of khata in favor of the wife would not mean that she has succeeded to the property exclusively. The right of the legal heirs to challenge the Will, will always be available to them. Similarly, the petitioner would be at liberty to seek for adjudication that she alone has inherited the property by virtue of the Will before an appropriate Court. - 4 - NC: 2025:KHC:14911 WP No. 33720 of 2024 6. The Tahsildar shall mutate the name of the petitioner within a period of two months from date of receipt of a copy of this order. 7. Consequently, Annexure - A shall stand quashed and this writ petition is allowed. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 6