Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34189 OF 2025 (GM-RES) BETWEEN:
SMT. S.K. BHARATHI W/O LATE SHASHIDHARA H.P AGE ABOUT 56 YEARS RESIDING AT NO.96 CHIKKAHALLIVAJAMANGALA POST VARUNA HOBLI, MYSORE TALUK MYSORE DISTRICT - 570 028. …PETITIONER (BY SRI ANAND GANGENURA, ADV.) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.
2.
THE DEPUTY TAHSILDAR VARUNA HOBLI, MYSORE TALUK MYSORE DISTRICT - 570 001. …RESPONDENTS (BY SMT. NAVYA SHEKHARA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENTS ISSUED BY THE RESPONDENT NO. 2 REJECTING THE PETITIONER'S APPLICATIONS FOR ISSUANCE OF THE
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
GENEALOGICAL TREE CERTIFICATE OF LATE SHASHIDHAR H.P. ANNEX - A BEARING NO.RD1218885032672 DATED
29.10.2025.
THIS PETITION, COMING ON FOR PRELIMINAY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner is assailing the endorsement issued by respondent No. 2 rejecting petitioner's application for issuance of genealogical tree certificate of late Shashidhar H.P. Consequently, a mandamus is sought to direct respondent No. 2 to issue genealogical tree certificate of late Shashidhar H.P.
2. Heard the learned counsel for the petitioner and learned AGA. Perused the records. 3. Respondent No.2, upon receipt of the petitioner’s application seeking issuance of a genealogical tree certificate, has issued the impugned endorsement directing the petitioner to furnish the particulars of all family members. The petitioner’s principal grievance is
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
that the competent Probate Court has already adjudicated the matter and, by order dated 14.10.2024 passed in P & SC No.16/2024, has issued a succession certificate in favour of the petitioner. The petitioner contends that the succession certificate, having been issued after due enquiry by the Probate Court under the provisions of the Indian Succession Act, 1925, conclusively determines the legal heirs entitled to succeed to the estate of the deceased. Despite production of the said order and succession certificate before respondent No.2, the authority has proceeded to issue the impugned endorsement calling upon the petitioner to once again furnish the details of the family members, which according to the petitioner is wholly unnecessary and contrary to the legal effect of the succession certificate issued by the Probate Court. 4. This Court has carefully perused the succession certificate issued by the Probate Court, which is produced at Annexure–“E”. It is a well-settled principle of law that
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
an order or certificate issued by a competent Probate Court, including a succession certificate granted under Section 372 of the Indian Succession Act, 1925, operates as a judgment in rem. Such an order is not merely binding on the parties to the proceedings but binds the public at large, as the determination made by the Probate Court regarding the legal heirs and their entitlement is rendered after following the procedure prescribed under the Act.
In the present case, once the Probate Court has already examined the relevant material and issued a succession certificate identifying the persons entitled to succeed, the respondent authority could not have insisted that the petitioner furnish once again the details of the family members for the purpose of issuing a genealogical tree certificate. The necessary particulars relating to the legal heirs are already discernible from the succession certificate itself. The insistence by respondent No.2 to call upon the petitioner to furnish such details, despite the existence of a valid succession certificate issued by a
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
competent court, is therefore clearly contrary to the legal effect and binding nature of the order passed by the Probate Court. Consequently, this Court is of the considered view that the impugned endorsement issued by respondent No.2 cannot be sustained in law and is liable to be set aside. 5. For the foregoing reasons, this Court proceeds to pass the following:
ORDER (i) Writ Petition is allowed. (ii) The impugned endorsement dated 29.10.2025 issued by respondent No. 2 is hereby quashed and set aside. (iii) Respondent No. 2 shall take cognizance of the
order passed in P and SC/16/2024 and thereafter proceed to pass appropriate orders strictly adhering to the observations made by the Probate Court.
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HC-KAR NC: 2026:KHC:13339 WP No. 34189 of 2025
(iv) This exercise shall be accomplished within a period of three months from the date of receipt of certified copy of this order.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB, List No.: 1 Sl No.: 56