- 1 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR PROBATE CIVIL PETITION NO.22 OF 2024 BETWEEN: 1. SMT.JAYASHREE SUBRAMANIAN W/O. LATE SUBRAMANIAN KALYANSUNDARAM, HINDU HOUSEWIFE AGED ABOUT 56 YEARS R/AT NO.213, VARS FANTASY 33/26 1ST MAIN ROAD KODIHALLI, HAL 2ND STAGE BENGALURU-560 008 2. SRI T.G.NATARAJAN S/O.SRI T.N.GNANAKANDAN HINDU, CHARTERED ACCOUNTANT AGED ABOUT 62 YEARS R/AT C-10, PRARTHANA ALOK NEAR H.L.COMMERCE COLLEGE NAVRANGAPURA AHMEDABAD-380 009 GUJARAT …PETITIONERS (BY SRI ROMARIO V., ADVOCATE) AND: SMT.LEELA KALYANASUNDARAM W/O.LATE S.KALYANASUNDARAM HINDU, HOUSEWIFE AGED ABOUT 88 YEARS R/AT NO.213, VARS FANTASY 33/26, 1ST MAIN ROAD KODIHALLI, HAL 2ND STAGE BENGALURU-560 008 …RESPONDENT Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 THIS PROBATE CIVIL PETITION IS FILED UNDER SECTION 276 AND PART IX OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO PERMIT THE PETITIOENRS TO PROVE THE AFORESAID 7TH JANUARY 2018 LAST WILL AND TESTAMENT DATED 7TH JANUARY 2018 OF THE DECEASED SRI SUBRAMANIAN KALYANASUNDARAM AND TO GRANT TO THE PETITIONERS PROBATE THEREOF, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AND ETC. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard Sri Romario V., learned counsel for petitioners. 2. This petition is filed by the petitioners seeking grant of probate in respect of the last Will and testament dated 07.01.2018 of Late Subramanian Kalyanasundaram to have effect throughout India. 3. It is contended by learned counsel for petitioners that during the lifetime of Late Subramanian Kalyanasundaram, he had acquired the properties mentioned in the Affidavit of Assets appended to the petition. This petition is for grant of probate arising on account of the death of Late Subramanian Kalyanasundaram, who died on 11.01.2020 at his - 3 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 permanent resident bearing No.213, Vars Fantasy, 33/26, 1st Main Road, Kodihalli, HAL 2nd Stage, Bengaluru-560 008, which is situated within the jurisdiction of this Court and this was his fixed place of abode. The said Late Subramanian Kalyanasundaram was Hindu by religion. His death certificate issued by the Medical Officer, Bruhat Bengaluru Mahanagara Palike, C.V.Raman Nagar, Bengaluru, Office of the Registrar of Births and Deaths, Bengaluru, is produced and annexed to this petition. 3.1 Learned counsel further contends Late Subramanian Kalyanasundaram was in sound and disposing statement of mind at the time of execution of the Will and had full mental capacity to understand the purport of the Will. The said Late Subramanian Kalyanasundaram was not suffering from any infirmities affecting his mental ability at the time of execution of the Will or otherwise. The Will was duly executed by the said Late Subramanian Kalyanasundaram on 07.01.2018 in the presence of two attesting witnesses. The copy of the Will - 4 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 dated 07.01.2018 is produced along with this petition and the same is perused. 3.2 Learned counsel contends that petitioner No.1 is the wife of Late Subramanian Kalyanasundaram and petitioner No.2 is her brother. He further contends that the petitioners being the executrix and the beneficiaries of the Will, are entitled to seek grant of probate of the Will and administer the estate of Late Subramanian Kalyanasundaram. The petitioners hereby undertake to administer the estate of Late Subramanian Kalyanasundaram and make a full and true inventory of his assets and exhibit the same after the grant of probate and to render the true accounts of the estate. 3.3 Learned counsel further contends that the net value of the property which is likely to come to the hands of the petitioners upon the death of Subramanian Kalyanasundaram (deceased) is Rs.6,66,91,727/-. - 5 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 3.4 Learned counsel for petitioners undertakes to pay the maximum Court fee as contemplated under the Karnataka Court-Fee and Suits Valuation Act, 1958 at the time of grant of probate. He has also filed an affidavit of assets of Late Subramanian Kalyanasundaram, which is produced along with the petition. 4. This Court vide order dated 11.07.2025 passed an order dispensing the notice to the Deputy Commissioner and allowed the application of the petitioners to take out citation by way of paper publication in the following newspapers: i) 'The New Indian Express', English daily, Bengaluru edition; ii) 'Kannada Prabha', Kannada daily, Benglauru edition; and the matter was posted thereafter for appearance of the parties, if any, on 23.09.2025 before this Court. 5. When the matter was listed before this Court on 23.09.2025, learned counsel for petitioners has filed a - 6 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 memo enclosing the newspapers, which was published on 15.08.2025, wherein the citation was published calling upon the person interested, if any, to put-forth their objections, if any, before this Court opposing the grant of probate. 6. It is seen that the citation has been taken out by learned counsel for petitioners in the aforesaid two newspapers. After completion of service of notice and appearance of learned counsel for respondent, the matter was sent for enquiry by an order dated 13.10.2025 for recording of evidence. Accordingly, the evidence was recorded on 20.11.2025 of PW.1 namely, Jayashree Subramanian, who identified the Will and the same is marked as Ex.P1. The death certificate of Subramanian Kalyanasundaram is marked as Ex.P2. Learned counsel for respondent did not have any cross-examination. Hence, no cross-examination was conducted in this case. PW.2 namely, Chandrasekaran Swaminathan, identified the signature of the executor, Subramanian Kalyanasundaram - 7 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 was examined and the same is marked as Ex.P1(a). There was again no cross-examination of this witness by the respondent. Thereafter, the matter was sent back to this Court. Since there is no much cross-examination, nothing is disputed and no rival claim is made by the respondent. Therefore, I do not find any legal impediment in allowing the petition. Hence, in view of there being no objections raised or no claim made by any third party to the publication as ordered and also in the evidence recorded, as stated hereinabove, it can be assumed that there is no objection to the grant of probate with regard to the property belonging to Late Subramanian Kalyanasundaram. 7. It is also seen that the learned counsel has undertaken to pay the maximum Court fee as contemplated under the Karnataka Court-Fee and Suits Valuation Act, 1958. This Court also by order dated 11.07.2025 had dispensed the notice to the Deputy Commissioner. - 8 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 8. In view of the above facts and circumstances of the case, there being no objections raised with regard to grant of probate or with regard to any claim over the assets of Late Subramanian Kalyanasundaram, there is no impediment to grant probate as sought for by the petitioner in this petition. Accordingly, I proceed to pass the following: ORDER i) The petition is allowed; ii) Registry is directed to issue probate in favour of the petitioner, in respect of the last will and testament dated 07.01.2018 of Late Subramanian Kalyanasundaram, to have effect throughout India; iii) Registry is directed to issue probate on payment of requisite Court fee; iv) The filing of the security bond by the surety is dispensed; - 9 - HC-KAR NC: 2026:KHC:23554 PROB.CP No. 22 of 2024 v) The execution of the security bond by the petitioner is also dispensed; vi) The inventory shall be submitted by the petitioner within a period of six (06) months from the date of grant of probate; vii) The final accounts shall be submitted by the petitioner within a period of twelve (12) months i.e. one year from the date of grant of probate. Sd/- (PRADEEP SINGH YERUR) JUDGE LB/List No.: 1 Sl No.: 54