- 1 - PROB.CP No. 4 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA PROBATE CIVIL PETITION NO.4 OF 2023 BETWEEN: K T SEBASTIAN S/O LATE K T THOMAS AGED ABOUT 71 YEARS, R/AT B-1 TRINITY HABITAT HENNUR MAIN ROAD GEDDALAHALLI BENGALURU-560 043 …PETITIONER (BY SRI ANN MARY GREEN, ADVOCATE) AND: NIL …RESPONDENT THIS PETITION IS FILED UNDER PART IX (SECTIONS 273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO PROVE THE AFORESAID WILL DATED 6TH MAY 2016 IN COMMON FORM AND THAT PROBATE THEREOF, TO HAVE EFFECT THROUGH OUT THE UNION OF INDIA, MAY BE GRANTED TO HIM AND ETC., THIS PETITION HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:- CORAM: HON'BLE MR JUSTICE V SRISHANANDA Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - PROB.CP No. 4 of 2023 CAV ORDER (PER: HON'BLE MR JUSTICE V SRISHANANDA) Petitioner – K.T. Sebastian has filed the present petition under Section 273 and 276 of the Indian Succession Act Act with the following prayer: “Your petitioner, therefore prays:- That he may be allowed to prove the aforesaid Will dated 6th May 2016 in common form and that Probate thereof, to have effect through out the Union of India, may be granted to him.” 2. Facts which are in short to understand the case of the petitioner are as under: Ms. Aleyamma Mathew (hereinafter referred to as ‘deceased’), a Christian died on 20.06.2017 at Bengaluru. The death certificate is filed to confirm the date of death as 20.06.2017. Deceased had fixed place of abode at the time of her death at Flat No.B-603, Spartan Heights, Richmond Road, Bengaluru – 560 025. Net worth of the property left behind by deceased has exceeded Rs.10,000/-. Therefore, petition has been filed before this Court. - 3 - PROB.CP No. 4 of 2023 3. It is contended in the petition that deceased had executed her last Will and testament on 06.05.2016 in the presence of two witnesses namely, Col. R.T. Chacko and Sri Neetha Shetty. Petitioner is named as executor of the Will. 4. As per the assets which are left behind by the deceased is to the tune of Rs.2,39,59,854.24p (Rupees Two crores thirty nine lakhs fifty nine thousand eight hundred fifty four and Twenty Four paise). 5. It is further contended that *Probate with regard to the last Will executed by the deceased dated 06.05.2016 be granted in favour of the petitioner. Petitioner has undertaken to administer the property and credits of the deceased and furnish full and true inventory thereof within six months from the date of grant of the probate. 6. According to the petitioner, there is nobody who is contesting the validity of the Will. As such, citation came to be issued in ‘The Hindu’, English daily newspaper and ‘Kannada Prabha’, Kannada daily newspaper, Bengaluru edition dated 31.05.2023. *Corrected vide Court order dated 12.12.2025. - 4 - PROB.CP No. 4 of 2023 7. Pursuant to the said citation, none appeared and objected for grant of *Probate in respect of last Will and testament executed by the deceased. 8. Thereafter, this Court permitted the petitioner to examine himself as a witness to prove the Will formally. He has filed an affidavit in lieu of examination-in-chief. In the absence of any contest, there was no cross-examination 9. Petitioner proceeded to examine Mrs.Neetha Shetty who is one of the witnesses to Ex.P.1-Will as P.W.2. She has specifically deposed before the Court by filing an affidavit that deceased Ms.Aleyamma Mathew executed the Will in her presence and she has affixed her signature in her presence on each page of Ex.P.1. 10. It is also deposed by her that after the deceased affixed her signature, she has signed as a witness in the last sheet of the Will as witness No.2, so also one witness Col R.T. Chacko as witness No.1. 11. In view of the fact that no one has appeared pursuant to citation in objecting the Will, oral testimony of P.W.1 and P.W.2 remains unchallenged. *Corrected vide Court order dated 12.12.2025. - 5 - PROB.CP No. 4 of 2023 12. Since Ex.P.1 being last Will and which is registered, proved before the Court by examining also propounder of Ex.P.1 as P.W.1 and one of the witnesses to Ex.P.1 viz., Mrs. Neetha Shetty, who has also supported the case of the petitioner by deposing before the Court that she has seen the deceased affixing her signature on each and every page of Ex.P.1. 13. In the absence of any contest as to validity of the Will pursuant to the citation issued by this Court which is marked vide Exs.P.3 and P.4 in English and Kannada News papers, this Court is of the considered opinion that petitioner has made out a case to grant the *Probate. 14. Hence, the following: ORDER (i) The Registry is directed to issue *Probate in the name of the petitioner in respect of estate of late Ms.Aleyamma Mathew as per the Will dated 06.05.2016. (ii) The petitioner is further directed to furnish the inventory within six months from the date of grant *Probate and accounts within one year from the said date. * Corrected vide Court order dated 12.12.2025. - 6 - PROB.CP No. 4 of 2023 (iii) Accordingly, this Probate Civil Petition is allowed. Sd/- (V SRISHANANDA) JUDGE MR