Karnataka High Court
Mrs Shoba Anand Magal vs Nil on 11 February, 2026
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2026:KHC:8424
PROB.CP No. 17 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
PROBATE CIVIL PETITION NO.17 OF 2024
BETWEEN:
MRS. SHOBA ANAND MAGAL,
W/O MRS. ANAND R MAGAL,
AGED ABOUT 50 YEARS,
R/AT 75, SPENSER DRIVE,
SHORT HILLS, NEW JERSEY
UNITED STATES OF AMERICA.
REP. HEREIN BY HER POA HOLDER
MR. P.R. SRINIVASAN
S/O LATE P V RAMAMURTHY
AGED ABOUT 79 YEARS
R/AT I-707, MANTRI TRANQUIL
GUBBALALA VILLAGE,
KANAKAPURA ROAD,
BANGALORE - 560 061.
...PETITIONER
Digitally signed (BY SMT.PARINA LALLA, ADVOCATE FOR
by ANUSHA V SRI NARENDRA H.N., ADVOCATE)
Location: High
Court of AND:
Karnataka
NIL
...RESPONDENT
THIS PETITION IS FILED UNDER SECTION 276 READ WITH
300 OF THE INDIAN SUCCESSION ACT, 1925, PRAYING TO ALLOW
THE PETITIONER TO PROVE THE ABOVE MENTIONED WILL IN
COMMON FORM AND GRANT LETTERS OF ADMINISTRATION TO THE
PROPERTY AND CREDITS OF LATE MRS.GEETA SRINIVASAN WITH
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NC: 2026:KHC:8424
PROB.CP No. 17 of 2024
HC-KAR
THE WILL DATED 14.04.2020 ANNEXED HERETO IN RESPECT OF
SCHEDULE B PROPERTY TO HAVE EFFECT THROUGHOUT THE
TERRITORY OF INDIA AND ETC.,
THIS PETITION IS COMING ON FOR ARGUMENTS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
This petition is filed under Section 276 read with Section 300 of the Indian Succession Act, 1925 seeking for grant of letter of Administration in favour of petitioner and credits of Late Mrs.Geeta Srinivasan in terms of Will dated 14.04.2020 in respect of schedule properties.
2. Smt.Parina Lalla, learned counsel for petitioner submitted, Mrs.Geeta Srinivasan ('testatrix' for short) had married Sri PR Srinivasan, begot two children i.e., petitioner and her brother Sri Venkatesh SR Putty and residing with her husband. It was stated, her son Venkatesh SR Putty, was residing at no.6, Lum Ave, Chatham, New Jersey 07928, United States of America.
3. It was stated, testatrix was owning both movable and immovable properties ('schedule properties'). But as she -3- NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR was suffering from Blood Cancer, she was admitted for treatment at Kiran Majumdar Medical Centre, Bommasandra. Further that on 14.04.2020, while she was physically fit and in sound disposing state of mind, she executed a Will dated 14.04.2020 in presence of Sri Sriganesh Subramanian and Smt.Sindhuja Sriganesh, who also attested Will, bequeathing schedule properties in favour of her daughter - petitioner herein. She died four days later on 18.04.2020.
4. It is further stated, testatrix was survived by her husband and two children, who were Class-I heirs. And as Will did not contemplate Executor/Executrix, petitioner in her capacity as universal legatee was entitled to seek grant of Letters of Administration with respect to estate of testatrix and undertook to administer same, make full and true inventory of her assets and exhibit same after grant of Letters of Administration and also undertook to render true accounts of estate. It is stated that value of schedule properties was approximately Rs.1,25,00,000/- ('A' schedule) + Rs.4,97,750/- ('B' schedule) and undertook to pay prescribed Court fee at time of grant of Letters of Administration. In view of same, -4- NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR I.A.no.1/2024 filed for dispensing with issuance of notice to Deputy Commissioner, was allowed on 27.06.2025.
5. It is seen, in terms of order dated 19.08.2025, petitioner had taken out citation by way of paper publication in Bangalore editions of 'The Hindu' - English Daily Newspaper and 'Kannada Prabha' - Kannada Daily Newspaper. Apart from above, citation was also taken out in Mumbai editions of "The Free Press Journal" - English Newspaper and "Navasakthi" - Marathi Daily Newspaper. But, none appeared or raised any claims.
6. It is also stated that 'testatrix' was a Hindu, permanently residing at #I-707, Mantri Tranquil, Gubbalala village, Kanakapura Road, Bangalore - 560 061 and that execution of Will on 14.04.2020 was also within jurisdiction of this Court.
7. It is seen in enquiry, Power of Attorney of petitioner who was none other than her father was examined as PW.1, apart from Sri Sriganesh Subramanian and Smt.Sindhuja Sriganesh, who were attesting witnesses. Original Power of Attorney executed in favour of PW.1 was marked as Ex.P1; -5-
NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR Original Will as Ex.P2; Death Certificate of testatrix as Ex.P3; Registered Agreement dated 30.03.2000 as Ex.P4; Registered Deed of Rectification dated 06.11.2001 as Ex.P5; Share Certificate issued by Abhishek Co-operative Housing Society Ltd. as Ex.P6 and Citations as Exs.P7 to P10.
8. Attestors of Will were also examined as PWs.2 and
3. They stated that while testatrix was in hospital, but physically fit and in sound disposing state of mind, executed Will in their presence and after witnessing testatrix affixing her signature, they signed Will. They got their signatures and that of testatrix marked as Exs.P2(a) to P2(c).
9. Apart from above, learned counsel for petitioner submitted, petitioner's brother and son of testatrix had sworn to an affidavit consenting for grant of Letters of Administration. Thus, petitioner had complied with all requirements in law and proved due execution of Will and there were no impediment for grant of Letters of Administration as prayed.
10. Heard learned counsel for petitioner and perused material on record.
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NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR
11. Only point that arises for consideration is:
Whether petitioner is entitled for grant of Letters of Administration?
12. At outset, it is seen permanent residence of testatrix, place of execution of Will as well as most of schedule properties are situated within jurisdiction of this Court. Hence, this Court has jurisdiction to entertain this petition.
13. Further, as per petition averments, testatrix was suffering from Blood Cancer and knowing that she would not survive, executed Will, bequeathing her jewels, savings / investments in total in favour of her daughter - petitioner herein. So also immovable property namely, Flat B-605 in Sai Abhishek Co-op. Society, Yashodham, Vidyalaya Road, Goregaon-East, Mumbai is also bequeathed in favour of petitioner. In said Will, testatrix has stated that it was her last testament.
14. Petitioner produced Original Will, Power of Attorney executed by her authorizing her father to depose as PW.1, which are marked as Exs.P1 and P2. Copies of Death Certificate of Testatrix; registered Agreement dated 30.03.2000; -7-
NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR registered Deed of Rectification dated 06.11.2001; Share Certificate issued by Abhishek Co-operative Housing Society Ltd. and Citations are got marked as Exs.P3 to P10.
15. It is also seen that petitioner examined attesting witnesses namely Sri Sriganesh Subramanian and Smt.Sindhuja Sriganesh as PWs.2 and 3 respectively, who deposed about due execution of Will as well as attestation. They have also stated that testatrix 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. Besides, one of Class-I heirs namely, husband of testatrix deposed as PW.1, other such heir, son of testatrix is stated to have executed an affidavit consenting for grant of Letters of Administration in favour of petitioner. Thus, there are no suspicious circumstances, Will is held to be duly proved.
16. In view of above, it is held, Ex.P2 - Will dated 14.04.2020 executed by testatrix - Mrs.Geeta Srinivasan bequeathing schedule properties in favour of petitioner is held -8- NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR proved. And as said Will does not make any provision for appointment of Executor, petitioner as universal legatee would be entitled for grant of Letters of Administration in terms of Section 232 of Indian Succession Act, 1925.
17. Point for consideration is answered accordingly. Hence, following:
ORDER
(i) Petition is allowed and Letters of Administration and credits of Late Mrs.Geeta Srinivasan in terms of Will dated 14.04.2020 is granted in favour of petitioner;
(ii) Petitioner shall file an affidavit of assets and valuation within two months;
(iii) Petitioner shall duly administer
property and credits of deceased
after making a full and true inventory thereof and exhibit same in this Court within six months from date of issuance;
(iv) Petitioner shall render a true account of property and credits of deceased to this -9- NC: 2026:KHC:8424 PROB.CP No. 17 of 2024 HC-KAR Court within one year from date of issuance; and
(v) Registry is directed to return originals of Exhibits after replacing same with respective certified copies. Till then Original Will shall be kept in safe custody.
Sd/-
(RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 51