LI Network
Published on: February 7, 2024 at 21:41 IST
The Karnataka High Court recently held that the grant of probate is permissible based on a plea made by the beneficiary mentioned in a will, even if no executor has been named.
In a significant ruling, Justice H.P. Sandesh, presiding over a single-judge bench, allowed the appeal filed by M.R. Mohan and others, overturning the trial court’s decision to reject their petition for probate.
The Court granted Probate/Succession Certificate in favor of the appellants as requested.
The appellants asserted ownership of a property belonging to Sannarangappa, which had been transferred to them according to a will executed by Sannarangappa in 2000.
After his demise, the appellants sought the transfer of property ‘khatha’ to their name, but the Tahsildar rejected the application, citing insufficient documents for the transfer. The trial court had initially rejected the probate plea, arguing that the absence of an appointed executor in the will precluded the grant of probate.
Contesting this decision, the appellants argued that they had successfully proven the authenticity of the will, with the beneficiary and witnesses testifying. They contended that the trial court’s conclusion, barring probate due to the absence of an executor nomination, was erroneous.
The Karnataka High Court, referencing relevant sections of the Succession Act and pertinent case law, clarified that probate is not limited to the executor named in the will.
The Court, noting compliance with procedural requirements and the proof of the registered will, criticized the trial court’s flawed approach. In allowing the appeal, the court stated, “The very approach of the Trial Court is erroneous and failed to take note of the factual aspects of the case.”
Case Title: M R Mohan Kumar & Others AND NIL