Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI PROBATE CIVIL PETITION NO. 14 OF 2025 BETWEEN:
1.
PREETI CHAKRAVARTHI AGED ABOUT 36 YEARS, D/O LATE RAJIVA SRINIVAS CHAKRAVARTI, R/AT NO. 311, 12 YONGE ST, TORONTO- ON, CANADA, M5E1Z9,.
PERMANENT RESIDENT OF
"SRI NIVAS", PUTHUVAYIL ROAD, COCHIN UNIVERSITY, KOCHI-682 022.
AND ALSO AT C.O NO.30 & 31, 3RD BLOCK, KORAMANGALA, BANGALORE - 560 034, AADHAAR NO.9788 8904 7769 EMAIL: preetichakravarti@gmail.com
2.
VASUDEV CHAKRAVARTI AGED ABOUT 27 YEARS, S/O LATE RAJIVA SRINIVAS CHAKRAVARTI,
PERMANENT RESIDENT OF
"SRI NIVAS", PUTHUVAYIL ROAD, KOCHI UNIVERSITY, KOCHI - 682 022, AND ALSO AT C.O NO.30 & 31,
Digitally signed by ANUSHA V Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
3RD BLOCK, KORAMANGALA, BANGALORE - 560 034, AADHAAR NO.4181 6310 4515 EMAIL: vasudev.chakravarti@gmail.com
…PETITIONERS (BY SRI MADHUSUDAN N.K., ADVOCATE) AND: NIL …RESPONDENT
THIS PETITION IS FILED UNDER PARTS VII AND XI READ WITH SECTION 276 AND SECTION 300 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO GRANT LETTERS OF ADMINISTRATION TO THE PETITIONERS, PREETI CHAKRAVARTI AND VASUDEV CHAKRAVARTI PERTAINING TO THE PROPERTY AND CREDITS OF THE DECEASED LATE SRI RAJIVA SRINIVASA CHAKRAVARTI WITH THE WILL DATED 17.06.2023 DULY EXECUTED, REGISTERED AND ANNEXED THEREOF, TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AND ETC.,
THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
ORAL ORDER
This petition is filed under Section 276 read with Section 300 of Part IX of Indian Succession Act, 1925 seeking for grant of probate, Letters of Administration and credits of Late Sri Rajiva Srinivasa Chakravarti, in terms of his last Will and Testament dated 17.06.2023 registered in Office of Sub-registrar, Shantinagar, Bengaluru, executed by Sri Rajiva Srinivasa Chakravarti, who had since died on 17.05.2025 in Bengaluru. 2. Sri Madhusudhan N.K., learned counsel appearing for Smt.Shobha S. Bhavikatti, advocate for petitioners submitted that Sri Rajiva Srinivasa Chakravarti ('testator') had married Smt.Nalini Chakravarti, begot two children i.e., petitioners. His wife died in year 2006. 3. It was stated, testator was owning both movable and immovable properties ('schedule properties') and that on 17.06.2023, while he was physically fit and in sound disposing state of mind, executed a registered Will in presence of Sri N Srinivas and Sri HS Dharmendra, who also attested
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
Will, bequeathing schedule properties in favour of petitioners. Testator died later on 17.05.2025. 4. It is further stated, testator was survived by two children, who were his only Class-I heirs. And as Will did not contemplate Executor/Executrix, petitioners in their capacity as universal legatees were entitled to seek grant of probate of Will with respect to estate of testator and undertook to administer same, make full and true inventory of assets and exhibit same after grant of probate of Will and also undertook to render true accounts of estate. It is stated that value of schedule properties was approximately Rs.20,00,00,000/- ('A' schedule) + Rs.3,50,00,000/- ('B' schedule) + Rs.50,00,000/- ('C' schedule) + Rs.10,00,000/- ('D' schedule) + Rs.60,00,000/- ('E' schedule) and undertook to pay prescribed Court fee. In view of same, I.A.no.1/2026 filed for dispensing with issuance of notice to Deputy Commissioner, Bengaluru and Deputy Commissioner, Ernakulam was allowed on 07.04.2026. 5. It is seen, in terms of order dated 07.04.2026, petitioners have taken out citation by way of paper publication in Bengaluru Editions of ‘The New Indian Express' - English
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
Daily Newspaper and ‘Kannada Prabha’ - Kannada Daily Newspaper, in Kerala Editions of 'The Hindu' - English Daily Newspaper and 'Deshabhimaani' - Malayalam Daily Newspaper.
But, none appeared or raised any claims. 6. It is also stated that 'testator' was a Hindu, permanently residing at "Sri Nivas", Puthuvayil Road, Cochin University, Cochin - 682 022, Kerala and also at #30/31, 3rd Block, Koramangala, Bengaluru - 560 034 and that execution of Will on 17.06.2023 was within jurisdiction of this Court. 7. Apart from above, learned counsel for petitioners submitted, there is due compliance with all requirements in law while execution of Will and same is uncontested/undisputed. Hence, there were no impediment for grant of probate as prayed. 8. Heard learned counsel for petitioners and perused material on record. 9. Only point that arises for consideration is:
Whether petitioners are entitled for grant of Probate of Will? - 6 -
HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
10. At outset, it is seen permanent residence of testator, place of execution of Will as well as part of schedule properties are situated within jurisdiction of this Court. Hence, this Court has jurisdiction to entertain this petition. 11. Further, as per petition averments, testator executed Will, bequeathing his savings / investments in total in favour of his children - petitioners herein, who are his only Class-I legal heirs. In said Will, testator has stated that it was his last testament. 12. Petitioners produced copies of Will, Death Certificate; pass-book; various Share Certificate of testator and citations. 13. Sri HS Dharmendra, has filed affidavit of attesting witness to Will stating about due execution of Will as well as attestation. He has also stated that testator was physically fit and in sound disposing state of mind at time of execution of Will. Thus, requirements of Section 68 of Evidence Act and Section 63 of Indian Succession Act are complied. Further, no objections/claims are received after citations. And, there are no suspicious circumstances. - 7 -
HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
14.
In view of above, it is held, registered Will dated 17.06.2023 executed by testator - Sri Rajiva Srinivas Chakravarti bequeathing schedule properties in favour of petitioners is held proved. And as said Will does not make any provision for appointment of Executor, petitioners as universal legatees would be entitled for grant of probate and Letters of Administration in terms of Section 232 of Indian Succession Act, 1925. 15. Point for consideration is answered accordingly. Hence, following:
ORDER (i) Petition is allowed and Probate and Letters of Administration and credits of Late Sri Rajiva Srinivas Chakravarti in terms of Will dated 17.06.2023 is granted in favour of petitioners;
(ii) Petitioners shall file affidavit of assets and valuation within two months;
(iii) Petitioners shall duly administer property and credits of deceased after making a full and true inventory
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HC-KAR NC: 2026:KHC:26874 PROB.CP No. 14 of 2025
thereof and exhibit same in this Court within six months from date of issuance;
(iv) Petitioners shall render a true account of property and credits of deceased to this Court within one year from date of issuance; and
(v) Registry is directed to return Original Will kept in safe custody, after replacing same with certified copy.
Sd/- (RAVI V HOSMANI) JUDGE
AV List No.: 1 Sl No.: 47