- 1 - HC-KAR NC: 2025:KHC:49052 WP No. 25196 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25196 OF 2025 (KLR-RES) BETWEEN: SMT JAYALAKSHAMMA W/O T.K. BASAVARAJU, AGED ABOUT 54 YEARS, RESIDING AT NO. 57/121, 3RD MAIN ROAD, HARSHA LAYOUT, YELLACHANAHALLI, BENGALURU - 560 078. …PETITIONER (BY SRI. MANJUNATHA G.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE HCGP, KARNATAKA HIGH COURT, BENGALURU. 2. ASSISTANT TAHASILDHAR, NADAKACHERI, DODDAMARALAVADI VILLAGE, MARALAVADI HOOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT- 562 121. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49052 WP No. 25196 of 2025 A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING RESPONDENT NO.2 TAHSILDAR, HAROHALLI TALUK, TO FORTHWITH EFFECT MUTATION IN THE NAME OF THE PETITIONER BASED ON THE REGISTERED WILL DATED 27.12.2021 ANNEXURE -A AND ISSUE E-KHATA, M.R., RTC, AND ALL CONSEQUENTIAL REVENUE DOCUMENTS IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SUIT SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for effecting a mutation on the basis of registered Will and for issue of all consequential revenue documents in favour of the petitioner. 2. Learned counsel for the petitioner submits that despite representations the respondent-Authorities have not acted and effected revenue entries. It is further submitted that the petitioner was orally asked to obtain a probate and in that regard petitioner has made out a legal notice as per Annexure-D stating that the question of obtaining a probate as regards to registered Will is not a legal requirement. 3. Noticing that the Will at Annexure-A, is a registered document and that the respondent-Authorities cannot insist on - 3 - HC-KAR NC: 2025:KHC:49052 WP No. 25196 of 2025 probate unless the Will falls within the category as envisaged under Section 213, read with Section 57 of the Indian Succession Act, 1925. The petition could be disposed off. The authority is to satisfy itself as regards to whether the Will would fall within the category of Wills referred to in Section 213 read with Section 57 of the Indian Succession Act, 1925 and proceed further. 4. The respondent No.2 to take note of the registered will at Annexure-A and pass necessary orders after following due procedure as regards request for effecting khata on the basis of the registered will without insisting on probate within a period not later than three months. 5. With the above observation, petition is disposed of. Needless to state, petitioner to cooperate and furnish necessary clarifications and documents if sought for by the respondent- Authorities during the process of consideration of his request. Sd/- (S SUNIL DUTT YADAV) JUDGE RL List No.: 1 Sl No.: 43