Karnataka High Court
Mr Glen Williams vs Mrs. Anita Gabriela Ghadia on 6 July, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC:23313
PROB.CP No. 6 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
PROBATE CIVIL PETITION NO. 6 OF 2022
BETWEEN:
MR. GLEN WILLIAMS,
SON OF P. J. WILLIAMS,
AGED ABOUT 66 YEARS,
RESIDING AT FLAT NO.8,
3RD FLOOR SONA PALACE,
NO.34, NORRIS ROAD,
RICHMOND TOWN,
BANGALORE - 560 025.
...PETITIONER
(BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)
AND:
1. MRS. ANITA GABRIELA GHADIA,
AGED ABOUT 52 YEARS,
Digitally signed by DAUGHTER OF LATE
PAVITHRA B
Location: HIGH WELLINGTON EDMOND D 'CRUZ,
COURT OF
KARNATAKA RESIDING AT IF, 75B,
SOUTH END APARTMENTS,
R. V. ROAD, BASAVANAGUDI,
BANGALORE - 560 004.
ALSO AT:
2, FEDERATION PI,
FRENCH'S FOREST NSW 2086,
AUSTRALIA.
2. MRS. MARIS ROSITA D 'CRUZ,
DAUGHTER OF LATE
WELLINGTON EDMOND D 'CRUZ,
AGED ABOUT 54 YEARS,
RESIDING AT 38-40, NORMANDY CRESENT,
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NC: 2023:KHC:23313
PROB.CP No. 6 of 2022
OCEAD GROVE, VICTORIA,
AUSTRALIA - 3226.
...RESPONDENTS
(BY SRI. RASHMI GEORGE, ADVOCATE FOR R1)
THIS PROB.CP IS FILED UNDER SECTION 276 OF PART
VIII AND IX OF THE INDIAN SUCCESSION ACT, 1925 PRAYING
TO ALLOW THE PETITION, TO PROVE THE SAID LAST WILL AND
TESTAMENT OF THE DECEASED WELLINGTON EDMOND D'CRUZ
DATED 14.10.2019 IN COMMON FORM AND THAT CERIFICATE
OF PROBATE BE GRANTED TO THE PETITIONER, TO HAVE
EFFECT THROUGHOUT THE UNION OF INDIA AND ETC.,
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The respondents have filed preliminary objections to the probate petition by intending to contest the probate petition filed by the petitioner. Therefore, as per Section 295 of the Indian Succession Act, the probate petition is ordered to be converted as Testamentary Original Suit (TOS) as per law.
2. The petitioner shall be referred as plaintiff and respondents/objectors, who are contesting the petition, shall be treated as defendants and the probate petition shall become as Testamentary Original Suit. Preliminary Objection to the said petition shall be treated as written statement. Therefore, the probate petition is hereby disposed off for statistical purpose -3- NC: 2023:KHC:23313 PROB.CP No. 6 of 2022 and shall be registered as Testamentary Original Suit as per law.
3. The registry is directed to collect necessary Court fee, if the petitioners/plaintiffs are liable to pay, if any, and then the Testamentary Original Suit can be proceeded with at that further stage.
Sd/-
JUDGE NSU List No.: 1 Sl No.: 4 CT: ABS