- 1 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH PROBATE CIVIL PETITION NO.7 OF 2023 BETWEEN: 1. MRS. SHEFALI ALVARES, CHRISTIAN, WIFE OF THE ABOVE NAMED DECEASED MR. ANTHONY SIMON ALVARES, AGED ABOUT 47 YEARS, PRESENTLY RESIDING AT 121, BRADY ROAD, BENTLEIGH EAST, VICTORIA, 3165 AUSTRALIA. PRESENTLY IN BENGALURU. 2. MS. HELEN MARIE ALVARES, CHRISTIAN, SISTER OF THE ABOVE NAME DECEASED MR. ANTHONY SIMON ALVARES, AGED ABOUT 57 YEARS, PRESENTLY RESIDING AT RIVER ROOST RESORTS, 1-262-16, SABARABAIL, MUDUSHEDDE, MANGALURU-575 028. …PETITIONERS (BY SRI CARLOS DA COSTA F.J. & SMT. ANN MARY GREEN, ADVOCATES) AND: 1. NIL …RESPONDENT Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTIONS 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO PROVE THE SAID WILL DATED 29TH APRIL 2003 IN COMMON FORM AND THAT PROBATE OF THE AFOREMENTIONED WILL, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE GRANTED TO THEM. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioners. 2. This petition is filed under Sections 273 and 276 of the Indian Succession Act, 1925, wherein prayer is sought that they may be allowed to prove the Will dated 29.04.2003 and probate can be granted to have effect throughout the Union of India and grant such other reliefs. 3. The petitioners in the petition have stated that the deceased was a Christian and died at Mangaluru on 15.10.2003. The deceased had executed a Will on 29.04.2003 and the Will was executed by him in the presence of two witnesses and these two petitioners are named as executors in the last Will dated 29.04.2003. The amount of the assets which are likely to come to their hands does not exceed in the - 3 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 aggregate the sum of Rs.17,22,00,000/- and the net amount of the said assets, after deducting all items which they are allowed by law to deduct, is under the value of Rs.17,22,00,000/-. They have not made any petition before any Court of law for grant of probate based on the said Will. The petitioners also undertake to duly administer the property and credits of the deceased and to make a full and true inventory thereof and exhibit the same before this Court within six months from the date of grant of probate and also to file true account of the said property and credits within one year from the said date. 4. The petitioners in order to substantiate the averments made in the petition, examined Sri K. Vishwanath, one of the attesting witness to the Will as P.W.1 and petitioner No.1 is also examined before the Court on oath as P.W.2. P.W.2 deposes before the Court that citation was taken in English morning daily newspaper “The Hindu”, Bengaluru edition, dated 30.05.2023 and the said newspaper is marked as Ex.P.3 and the citation is marked as Ex.P.3(a). The citation is taken in Kannada morning daily newspaper “Kannada Prabha”, - 4 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 Bengaluru edition dated 30.05.2023 and the said newspaper is marked as Ex.P.4 and the citation is marked as Ex.P.4(a) and so also in the English morning daily newspaper “The Hindu”, Mangaluru edition dated 21.09.2023 and the said newspaper is marked as Ex.P.5 and citation is marked as Ex.P.5(a). 5. The petitioners in support of their claim examined one of the attesting witness Sri Vishwanath as P.W.1 by filing an affidavit in lieu of chief evidence and through P.W.1, got marked the Will as Ex.P.1 and envelope is marked as Ex.P.1(a). The Will is executed by Mr. Anthony Simon Alvares and the signature of Mr. Anthony Simon Alvares is marked as Ex.P.1(b). P.W.1 identifies his signature as Ex.P.1(c). P.W.1 deposed before the Court that the executant of the Will was in good state of mind while executing the Will. The death certificate of Mr. Anthony Simon Alvares is marked as Ex.P.2. 6. The learned counsel for the petitioners would submit that by examining the witnesses P.W.1 and P.W.2, complied with Section 63 of the Evidence Act and Section 68 of the Indian Succession Act and prays this Court to grant the relief as sought. - 5 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 7. Having heard the learned counsel for the petitioners and also on perusal of the material available on record, the points that would arise for the consideration of this Court are: (i) Whether the petitioners have made out the ground to grant the probate, which is having effect throughout India? (ii) What order? Point No.(i): 8. Having considered the averments made in the petition, it is stated that the executant had executed a Will in terms of Ex.P.1. The death certificate is also produced as Ex.P.2. In order to prove the very execution of the Will, the petitioners examined one of the attesting witness to the Will, Sri Vishwanath as P.W.1. In support of proving of the document of Ex.P.1, he files an affidavit in lieu of chief and also examined as P.W.1 and he identifies the signature of the executant of the Will. It is also the claim of both the petitioners that they have been named as executors in the Will and also they have undertaken to file inventory as well as final accounts before the Court within a stipulated period. The petitioner No.1 - 6 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 is examined as P.W.2 and P.W.2 also filed an affidavit in lieu of chief and also deposed before the Court and got marked the documents Exs.P.3 to 5 i.e., citations taken in the relevant papers. Inspite of citation is taken, none appears before the Court and claims any interest in respect of the value of the properties, which is shown in the petition. Having taken note of no response from any of the persons for claiming any interest over the assets, which have been mentioned in the Will as well as in the petition and contents of the petition is also proved by examining P.W.1 and P.W.2 since the Will is not disputed and the very execution of the Will is proved by examining P.W.1 and complied with the provisions of Sections Section 63 of the Evidence Act and Section 68 of the Indian Succession Act. When such being the case, the petitioners have made out the case to grant the relief as sought and hence I answer point No.(i) in the affirmative. Point No.(ii): In view of the discussions made above, I pass the following: - 7 - HC-KAR NC: 2025:KHC:41934 PROB.CP No. 7 of 2023 ORDER (i) The petition is allowed. (ii) The probate is granted, as sought. (iii) The petitioners are directed to pay the Court fee and also file the inventory within six months and also file account of the said property and credits within one year. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 59