- 1 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.13890 OF 2025 (LB-BMP) BETWEEN: 1. SMT.RAGINI S W/O LATE M.A.SREENIVAS AGED ABOUT 74 YEARS 2. SRIRAM M.A S/O LATE M.A.SREENIVAS AGED ABOUT 40 YEARS 3. SMT. ANURADHA M.A D/O LATE M.A.SREENIVAS AGED ABOUT 40 YEARS ALL ARE RESIDING AT OLD NO.22C AND NEW NO.75 NANDIDURGA ROAD JAYAMAHAL EXTN BENGALURU - 560 046 …PETITIONERS (BY SRI.SIDDHARTH SRIKANTH, ADVOCATE FOR SRI.SUMANA NAGANAND, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 N.R. SQUARE BENGALURU - 560002 2. ASSISTANT REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE VASANTHANAGR SUB-DIVISION NO.1, JC NAGAR MAIN ROAD DEVARA JEEVANAHALLI BENGALURU - 560006 …RESPONDENTS (BY SRI.SATYANAND B S, ADVOCATE FOR R.1 AND R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS TO THE 2ND RESPONDENT TO TRANSFER KHATHA OF THE SCHEDULE PROPERTY AS PER THE WILL DATED 26-02-2013 IN THE NAME OF PETITIONERS (ANNEXURE-E) 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 have knocked the doors of the Writ Court alleging inaction on the part of respondent No.2 in not transferring katha in respect of the schedule property in terms of the Will dated 26.02.2013. - 3 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 2. The petitioners, being the widow and children of the late M.A.Sreenivas, contend that the deceased had executed a testamentary instrument whereby petitioner No.1, the widow, was granted a life interest in the residential property, with the right of residence and enjoyment. It is further asserted that, in terms of the said testamentary arrangement, the property is to devolve upon petitioner Nos.2 and 3, his children, after the demise of petitioner No.1, they being the only surviving legal heirs of late M.A.Sreenivas. 3. Learned counsel appearing for the BBMP, by referring to the property described in the Will as well as the property records produced at Annexure-D, submits that there appears to be an inconsistency in the property numbers. While the property records at Annexure-D refer to a residential house bearing New Municipal No.13 situated at Nandi Durga Road, Ward No.92, Jayamahal, Bengaluru, the Will executed by the Testator describes the property as House No.22C (Old), New No.75, situated at - 4 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 Nandidurga Road, Jayamahal Extension, Bengaluru. Therefore, the learned Standing Counsel submits that although the petitioners may not be compelled to obtain Probate, they are nevertheless required to clarify the discrepancy in the property details as recorded in Annexure-D and the testamentary instrument. 4. Upon considering the submissions of the respective counsel and the material placed on record, this Court finds merit in the submission made by the learned counsel for the respondents. The petitioners, being the sole surviving Class-I legal heirs of the deceased M.A.Sreenivas, are relying upon the testamentary arrangement made by the deceased. It is evident that while the Katha Certificate issued by the BBMP pertains to the property bearing Municipal No.13, the Will refers to House No.22C (Old), New No.75. In light of this discrepancy, it is necessary for the petitioners to furnish additional documents that establish the identity and continuity of the property as described in the Will and in - 5 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 the municipal records. If such an application is submitted online, enclosing all relevant documents including the copy of the Will, respondent No.2 shall be under an obligation to examine the same and pass appropriate orders. Mere discrepancies in municipal numbering ought not to deprive the rights of Class-I heirs of the deceased from securing mutation of the property in their favour based on the Will or by succession. 5. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The petitioners are granted liberty to file a fresh online application enclosing all relevant documents, including the copy of the Will and supporting documents clarifying the identity of the property, strictly in terms of the observations made herein. - 6 - HC-KAR NC: 2025:KHC:24388 WP No. 13890 of 2025 (iii) Upon submission of such application, respondent No.2 shall consider the same, and take appropriate steps to act on the Will and effect mutation, without insisting on Probate, and in accordance with law. (iv) The entire exercise shall be completed by respondent No.2 within a period of eight weeks from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11