Karnataka High Court
Peter Anandaraj vs Nil on 5 August, 2025
Author: V Srishananda
Bench: V Srishananda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
PROBATE CIVIL PETITION NO.8/2023
BETWEEN
PETER ANANDARAJ
AGED ABOUT 75 YEARS
CHRISTIAN
S/O LATE MR PETER D. XAVIER
AND PRESENTLY
RESIDING AT
OLD NO.14, NEW NO 2,
LANGFORD ROAD, 1ST CROSS,
SHANTHINAGAR,
BENGALURU -560027
...PETITIONER
(BY SMT. ANN MARY GREEN, ADVOCATE)
AND
NIL
...RESPONDENT
THIS PETITION IS FILED UNDER PART IX (SECTIONS
273 AND 276) OF THE INDIAN SUCCESSION ACT, 1925
PRAYING TO PROVE THE AFORESAID WILL DATED 15TH
JUNE 2019 IN COMMON FORM AND THAT LETTERS OF
ADMINISTRATION WITH THE SAID LAST WILL AND
TESTAMENT DATED 15TH JUNE 2019 ANNEXED, TO HAVE
EFFECT THROUGHOUT THE UNION OF INDIA, MAY BE
GRANTED TO HIM AND ETC.,
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THIS PETITION HAVING BEEN RESERVED FOR
ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:-
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
CAV ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Present petition is filed under Sections 273 and 276 of
the Indian Succession Act, 1925, by Mr.Peter Anandaraj,
with the following prayer:
"Your petitioner, therefore, pray:-
That he may be allowed to prove the aforesaid
Will dated 15th June 2019 in common form and that
Letters of Administration with the said Last Will and
Testament dated 15th June 2019 annexed, to have
effect throughout the Union of India, may be granted
to him."
2. Facts of the case in brief which are utmost necessary
for disposal of the present petition is as under:
Ms.Dony, also called as Ms.Dony Pooswamy, Tony,
Tony Pooswamy being a Christian, breathed her last on
09.11.2021 at Bengaluru. She last lived in the house
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bearing Old No.14, New No.2, Langford Road, 1st Cross,
Shanthinagar, Bengaluru-250 027. She said to have
executed a registered Will and testament in the presence
of two witnesses.
3. The Will was registered in the office of the Sub
Registrar, Jayanagar, BTM Layout, Bengaluru. Petitioner
claims that he is the sole beneficiary and universal legatee
as there was no executor named in the Will.
4. As per the assets which are left behind by the
deceased, the value thereof would not exceed in aggregate
in a sum of Rs.1,00,55,000/- (Rupees One crore fifty five
thousand only) and the net value thereof is Rs.98,05,000/-
(Rupees ninety eight lakhs five thousand only).
5. Petitioner has undertaken to administer the property
and credits of the deceased. He has also undertaken to
carry out full and true inventory thereof and place the
same before the Court after Letter of Administration with
regard to the last Will executed by the deceased and
sought for approving the Will before the Court.
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6. Since there are no respondents in the case, citation
was ordered by this Court which was duly published in
'Kannada Praha' Kannada daily and 'The Hindu' English
daily, Bengaluru edition dated 31.05.2023.
7. Pursuant to the said citation, none appeared and
objected for grant of Letter of Administration in respect of
last Will and testament executed by the deceased.
8. Thereafter, this Court permitted the petitioner to
examine himself as a witness to prove the Will formally.
He has filed an affidavit in lieu of examination-in-chief. In
the absence of any contest, there was no cross-
examination.
9. Petitioner proceeded to examine Mrs.Mary Anand
who is one of the witnesses to Ex.P.1-Will. She has
specifically deposed before the Court by filing an affidavit
that deceased Ms.Dony Pooswamy executed the Will in her
presence and she has affixed her left thumb impression in
her presence on each page of Ex.P.1.
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10. It is also deposed by her that after the deceased
affixed her left thumb impression, she has signed as a
witness in the last sheet of the Will, so also her daughter
Monica Anand signed the said Will as witness No.2.
11. In view of the fact that no one has appeared
pursuant citation in objecting the Will, oral testimony of
P.W.1 and P.W.2 remains unchallenged.
12. Since Ex.P.1 being last Will and registered and is
proved before the Court by examining the beneficiary
under the Will who is also profounder of Ex.P.1 and one of
the witnesses to Ex.P.1 viz., Mrs.Mary Anand, who has also
supported the case of the petitioner by deposing before
the Court that she has seen the deceased affixing her left
thumb impression on each and every page of Ex.P.1, in the
absence of any contest, validity of the Will pursuant to the
citation issued by this Court which is marked vide Exs.P.3
and P.4 in English and Kannada News papers, this Court is
of the considered opinion that petitioner has made out a
case to grant the Letter of Administration.
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13. Hence, the following:
ORDER
(i) The Registry is directed to issue Letter of Administration in the name of the petitioner in respect of estate of late Ms.Dony @ Tony, Ms.Dony Pooswamy, Tony Pooswamy as per the Will dated 15.06.2019.
(ii) The petitioner is further directed to furnish the inventory within six months from the date of grant letter of Administration and accounts within one year from the said date.
(iii) Accordingly, this Probate Civil Petition is allowed.
Sd/-
(V. SRISHANANDA) JUDGE kcm