- 1 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH PROBATE CIVIL PETITION NO.5 OF 2023 BETWEEN: 1. MS. MARIA ALICE DE SOUZA, CHRISTIAN, AGED ABOUT 76 YEARS, DAUGHTER OF THE ABOVE NAMED DECEASED, PRESENTLY RESIDING AT NO.7/2 (NEW NO.19), CHARLES CAMPBELL ROAD, 1ST CROSS, COX TOWN, BENGALURU – 560 005. 2. MR. GEORGE ELMER VASCO DE SOUZA, AGED ABOUT 71 YEARS, SON OF THE ABOVE NAMED DECEASED, PRESENTLY RESIDING AT BADEM, SALVADOR-DO-MUNDO, BARDEZ, GOA. …PETITIONERS (BY SRI. CARLOS DA COSTA F.J., AND SMT. ANN MARY GREEN, ADVOCATES) AND: 1. NIL …RESPONDENT THIS PROBATE CIVIL PETITION IS FILED UNDER PART IX (SECTIONS 273 AND 276) OF THE INDIAN SUCCESSION ACT 1925, TO PROVE THE SAID REGISTERED WILL DATED 6TH NOVEMBER 2013 IN COMMON FORM AND THAT PROBATE OF THE AFOREMENTIONED WILL, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 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 06.11.2013 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 Bengaluru on 07.08.2021. The deceased had executed a Will on 06.11.2013 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 06.11.2013. The amount of the assets which are likely to come to their hands does not exceed in the aggregate the sum of Rs.16,25,67,848/- and the net amount of the said assets, - 3 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 after deducting all items which they are allowed by law to deduct, is under the value of Rs.16,25,67,848/-. 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 petitioner No.1 on oath as P.W.1. The death certificate of the deceased is marked as Ex.P.1. P.W.1 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”, Bengaluru - 4 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 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 Marathi morning daily newspaper “Gomantak”, Goa edition dated 17.09.2023 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 to the Will, Sri Carlos Da Costa, as P.W.2 and through P.W.2, got marked the Will as Ex.P.2. The Will is executed by Mr. Hugo Mario Gastao De Souza and the signatures of Mr. Hugo Mario Gastao De Souza are marked as Exs.P.2(a) to (d). P.W.2 identifies his signature as Ex.P.2(e). P.W.2 deposed that one Mr. Sathish Kamath was also an attesting witness to the Will and his signature is identified as Ex.P.2(f). 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 - 5 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 68 of the Indian Succession Act and prays this Court to grant the relief as sought. 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.2. The death certificate is also produced as Ex.P.1. In order to prove the very execution of the Will, the petitioners examined one of the attesting witness to the Will, Sri Carlos Da Costa as P.W.2. In support of proving of the document of Ex.P.2, he files an affidavit in - 6 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 lieu of chief and also examined as P.W.2 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 is examined as P.W.1 and P.W.1 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.2 and complied with the provisions of Sections Section 63 of the - 7 - HC-KAR NC: 2025:KHC:42172 PROB.CP No. 5 of 2023 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): 9. In view of the discussions made above, I pass the following: 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.: 56