Bangalore District Court
B S Yuvaraj vs Nil on 5 September, 2024
KABC0A0028412022
IN THE COURT OF XIII ADDL. CITY CIVIL & SESSIONS JUDGE,
MAYOHALL UNIT, BENGALURU (CCH-22)
Present: Sri S. Gopalappa, B.A.L., LL.B.,
C/c IV ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU. (CCH-21)
P&SC No.25049/2022
Dated this 5th day of September, 2024
Petitioners:- 1) Sri B.S Yuvaraj,
S/o Sachhidanandaswamy,
Aged about 36 years,
2) Sri B.S. Shivaraj,
S/o Sachhidanandaswamy,
Aged about 25 years,
3) Sri Sachhidanandaswamy,
S/o Late Sri Madaiah,
Aged about 68 years,
All are presently residing at No.666,
45th Cross, 45th Main,
J.P. Nagar, 2nd Phase,
2nd Stage, Bengaluru-78.
(Rep. By - Sri V. Krishna Murthy, Advocate)
V/S
Respondents:- Nil
2 P&SC.No.25049/2022
Judgment
Date of Institution of the suit 27/06/2022
Nature of the (Suit or pro-note, Probation & Succession
suit for declaration and Certificate
possession, suit for injunction,
etc.)
Date of the commencement of 21/09/2022
recording of the Evidence.
Date on which the Judgment 05/09/2024
was pronounced.
Year/s Month/s Day/s
Total duration -02- -02- -08-
C/c IV ADDL.CITY CIVIL AND SESSIONS JUDGE,
MAYOHALL UNIT: BENGALURU.
JUDGMENT
The Petitioners have filed this petition U/s 372 of Indian Succession Act, 1925 for grant of Probate in favour of petitioner No.1 in respect of item No.1 & 2 of schedule A property on the basis of the Will dated 08/09/2017 executed by Late M. Manjunath, to grant a Probate in favour of the petitioner No.2 in respect of the item No.1 to 5 of schedule B property on the basis of the Will dated 08/09/2017 executed by Late M. Manjunath, to grant Probate in favour of petitioner No.3 in 3 P&SC.No.25049/2022 Judgment respect of the Bank accounts as a) to h) of schedule C Bank accounts on the basis of the Will dated 08/09/2017 executed by Late M. Manjunath and to pass such other reliefs.
2. The brief facts are as follows:-
That M. Manjunath is the son of late Sri Madaiah and late Smt. Siddamma. Late Sri Madaiah and late Smt. Siddamma were having six children namely 1) Smt. Vishalakshamma, 2) Sri Sivakumaraiah, 3) Sri Sachhidanandaswamy, 4) Sri Sivamahadev, 5) Sri Sadashivan and 6) Sri M Manjunath. The petitioners are the sons of Sachhidanandaswamy who is the brother of late M Manjunath. Late M Manjunath was unmarried and residing with his brother Sachhidanandaswamy and their family and they were looking after his day to day affairs during his lifetime. Except the family of Sachhidanandaswamy, M Manjunath had no business or any other relationship with other family members i.e., other brothers and sisters. M Manjunath died on 08-09-2018 leaving behind the petitioners herein to succeed his estate.4 P&SC.No.25049/2022
Judgment It is further submitted that late M. Manjunath is none other than the uncle of the petitioners 1 & 2 who is the brother of their father Sachhidanandaswamy. Prior to the death of M. Manjunath, his parents i.e., their grandfather and grandmother were also pre-deceased. In view of the death of father and mother of late M. Manjunath, the petitioners are the only class- II heirs as successors to the estate of late M. Manjunath including the schedule property. Since the said late M. Manjunath has died unmarried and except the petitioners, there are nobody to succeed to his estate. During the lifetime of late M. Manjunath, he had acquired several movable and immovable properties out of his own self-earnings i.e., the schedule properties are standing in his name. In respect of the scheduled properties, late M Manjunath has executed a Will dated 08-09-2017 before the Notary Public bequeathing the schedule properties in favour of the petitioners herein out of love and affection. As the petitioners No.1 & 2 are the sons of his own brother and they looked after him during his lifetime. 5 P&SC.No.25049/2022
Judgment It is further submitted that late M. Manjunath during his lifetime had purchased the residential site bearing number 144 BBMP PID.No.2151/144 formed in Sy.No.4 & 5 of Uttaralli Village, Sy.No.12/3, 12/4, 12/5, 12/6 of Arehalli Village, Sy.No.67/2, 68/4, 69, 79/3 of Chikkallasandra Village, Uttaralli, Hobli, Bengaluru South Taluka measuring East to West 42 feet and North to South 60 feet which is the Item No.1 of Schedule A property through Registered Sale Deed date dated 04-06-1992 registered in the office of the Sub-Registrar Kengeri from Sru Anjaneya Swamy House Building Cooperative Society Ltd, Sreenagar, Bengaluru and the katha of the above said property transferred in his name and he had paid up to date property tax.
It is further submitted that late M Manjunath had also purchased the BDA site bearing No.1231/1 BBMP PID No.55- 479-1231/1 formed in Sy.No.95, 96, 121 and 122 of Hosakerehalli Extension, Banashankari, 3rd Stage, Bengaluru measuring East to West 18.30 meters and North to South 12.20 meters which is the item No.2 of the Schedule A property 6 P&SC.No.25049/2022 Judgment through Registered Sale Deed dated 17-04-2008 registered in the office of the Sub-Registrar Bengaluru City from the Bengaluru Development Authority, Bengaluru and the katha of the above said property transferred in his name and he had paid up to date property tax.
It is further submitted that late M. Manjunath had also purchased the property measuring 210 X 150 feet consisting of Sri Maheshwari Theatre situated in Sy.No.50 of Tavarekere Village, Beguru Hobli, Bengaluru, South Taluka comes within the jurisdiction of BBMP which is the item No.1 of the Schedule B property through Registered Sale Deed dated 09-09-2009 registered in the office of the Sub-Registrar, Bommanahalli from Sri M Bhimanna @ Subbanna and others represented by their general power of attorney holder Sri N. Babu and the katha of the above said property transferred in his name and he had paid up to date property tax.
It is further submitted that late M. Manjunath had also purchased the residential site bearing No.8, property No.4, 7 P&SC.No.25049/2022 Judgment Kaneshumaari No.2162/413 formed in converted Sy.No.10 of Kadirenahalli Village, Bengaluru, South Taluka comes within the jurisdiction of BBMP measuring East to West 62.6 feet and North to South 30 feet which is the item No.2 of the Schedule B property through Registered Sale Deed dated 28-06-1990 registered in the office of the Sub-Registrar, Kengeri from Smt. H.B. Uma Mahesh and the katha of the above said property transferred in his name and he has paid up to date property tax.
It is further submitted that late M. Manjunath had also purchased the residential site bearing No.8A, BBMP PID No.55- 153-24 formed in converted Sy.No.10 of Kadirenahalli Village, Bengaluru South Taluka comes within the jurisdiction of BBMP measuring East to West 62.6 feet and North to South 30 feet, which is the item No.3 of the Schedule B property through Registered Sale Deed dated 03-10-1988 registered in the office of the Sub-Registrar Kengeri from H.K. Krishnadas and the katha of the above said property transferred in his name and he had paid up to date property tax.8 P&SC.No.25049/2022
Judgment It is further submitted that late M. Manjunath had also purchased the residential site bearing No.4/A formed in converted Sy.No.10 of Kadirenahalli Village, Bengaluru South Taluka comes within the jurisdiction of BBMP measuring East to West 67.5 feet and North to South 30 feet which is the item No.4 of the Schedule B property through Registered Sale Deed dated 04-05-2017 registered in the office of the Sub-Registrar Basavangudi, Bengaluru from Sri Ravindra S and others through their general power of attorney holder and the katha of the above said property transferred in his name and he had paid up to date property tax.
It is further submitted that late M. Manjunath had also succeeded to the property bearing old No.668, Municipal No.68, BBMP PID No.58-96-68 situated at 45th Cross, 8th Block, Jayanagara, Bengaluru within the jurisdiction of BBMP measuring East to West 30 feet and North to South 50 feet which is the item No.5 of the Schedule B property through the Will dated 15-02-2010 executed by his mother late Smt. Siddamma in his favour and the katha of the above said 9 P&SC.No.25049/2022 Judgment property transferred in his name and he had paid up to date property tax. Late Siddhamma has acquired the above said property through a Registered Sale Deed dated 14-02-1983 registered in the office of Sub-Registrar, Jayanagara, Bengaluru from Sri Muniswamappa and others who in turn purchased the same from the Bengaluru Development Authority through Registered Sale Deed dated 01-02-1983 wide document No.3827/1982-83 in the office of the concerned Sub- Registrar that late M. Manjunath had executed a Will dated 08-09-2017 before the Notary Public bequeathing the item No.1 and 2 of the Schedule A property in favour of the petitioner No.1 and the item No.1 to 5 of the Schedule B property in favour of the petitioner No.2 as the petitioners are the sons of his brother and they looked after him during his lifetime.
The petitioners further submit that during the lifetime of late M. Manjunath he has mortgaged the above properties in favour of the Union Bank of India and obtained the loans. The petitioners have approached the Union Bank of India for the change of home and rental loan account of late M. Manjunath 10 P&SC.No.25049/2022 Judgment in the name of the petitioners. The Union Bank of India on 26-04-2022 has informed the petitioners to get the a probate from the Court of law. That late M. Manjunath under the Will dated 08-09-2007 bequeathed in favour of his brother namely Sachhidananda Swamy. All the amount in his bank account has been described as Schedule C. It is further submitted that petitioner No.3 has succeeded to the amount and liabilities left behind by late M. Manjunatha in respect of the deposited bank accounts in current account bearing No.01000059 at Corporation Bank, now Union Bank of India, account bearing No.51010100542119, standing in the name of Sri Maheshwari Chitra Mandira (Theatre), the closing balance of Rs.11,238.92. In loan account bearing No.CMTCC 5033100038451 at Corporation Bank, Rs.20,24,061.83 loan outstanding to be cleared with interest. In SB account bearing No.01002745 at Corporation Bank, now Union Bank of India, account bearing No.520101247686146, standing in the name of late M. Manjunatha, the closing balance of Rs.2,85,918.67. In loan account bearing No.560596000004436 at Corporation 11 P&SC.No.25049/2022 Judgment Bank, Rs.30,56,530.93 loan outstanding to be cleared with interest. In loan account bearing No.560631000855414 at Corporation Bank, Rs.62,46,936.03 loan outstanding to be cleared with interest. The Gold Loan Account No.560991170876821 at Corporation Bank is closed. In SB account No.11996 at Vishveshwaraiah Co-Operative Bank, the closing balance is nil.
It is further submitted that the petitioners hearin have succeeded to the estate of the deceased late M. Manjunath and they are entitled to obtain a Succession Certificate of Probate by the hands of this Court in respect of the schedule properties. There are no rival claimants in this regard. Hence, the petitioners pray that the Succession Certificate/Probate required to be granted in favour of the petitioner No.1 namely B.S. Yuvaraj in respect of the schedule A property and in favour of the petitioner No.2 namely S.B. Sivaraj in respect of the schedule B property as stated supra in respect of the schedule properties.12 P&SC.No.25049/2022
Judgment The petitioners further submits that the petitioners are ready and willing to abide by the terms and conditions that may be imposed by this Court and the petitioners are always ready and willing to take necessary steps, notices, publications such as citation, paper publication, any kind of publication as deemed fit directed by this Court. That all the petitioners are residing in Bengaluru in the address mentioned in the cause title. The property in question, the schedule property is also situated within the jurisdiction of this Court. This court has got a territorial and pecuniary jurisdiction to try the disposal of and to grant succession certificate of probate in favour of the petitioners by disposing of the present petition. Hence the petitioners prays to allow the petition.
3. It is significant to note that, vide paper publication in daily news paper, 'Hosa Digantha' of Kannada Daily Newspaper and 'Indian Express' of English Daily Newspaper has been published regarding filing of this petition and calling any objections by the persons who are interested in the proceedings, but none is appeared or objected. 13 P&SC.No.25049/2022
Judgment
4. In support of petitioners' claim, petitioner No.3 has been examined as PW.1, petitioner No.2 has been examined as PW.2, relative of petitioners examined as PW.3, brother of Manjunath examined as PW.4, one scribe is examined as PW.4, sister of Manjunath is examined as PW.6, and got marked documents as Ex.P1 to P50.
5. I have heard the arguments of the Learned counsel for the petitioners and perused the records of the case.
6. After perusal of the records following points are framed for consideration;
1) Whether the petitioners are entitle for Probate Certificate as sought for?
2) What order or decree?
7. My answer to the above points are as follows:
Point No.1 ) In the Affirmative, Point No.2) As per final Order, for the following: 14 P&SC.No.25049/2022
Judgment REASONS
8. Point No.1 :- The petitioner No.1 is examined as PW.1 and has reiterated the facts pleaded in the petition. The Ex.P15 is the letter issued by the Union Bank of India, Jalbhavan Branch, and asked the petitioners to get a Probate from the Court to process the request for changes to be done in home loan and rental loan accounts of Mr. M. Manjunath who expired on 08/09/2018.
9. The PW.1 has produced his SSLC marks card at Ex.P1. The Original Will Deed dt: 08/09/2017 executed by Sri Manjunath, according to which Vishalakshamma, Shivakumaraiah, Sachhidanandaswamy, Shivamahadeva, Sadashivan and M. Manjunath are the childrfen of late Madaiah and Late Siddamma. The deceased M. Manjunath was unmarred and issue less. After the death of his father and mother he was living with his second elder brother Sachhidanandaswamy and his family. Except the second elder brother and family he has no transaction with others. 15 P&SC.No.25049/2022
Judgment Sachhidanandaswamy and his children looked after him. He has bank accounts, loans and other movable and immovable properties. Therefore during his life time while he was physically and mentally fit without any force or influence he has executed the Will in respect of his movable and immovable properties in favour of his brother Sachhidanandaswamy & sons. It is clearly mentioned that after his death all the movable and immovable properties shall go to B.S Yuvaraj and B.S. Shivaraj the sons of Sachhidanandaswamy and schedule accounts shall go to petitioner No.3. The details of movable and immovable properties are mentioned in the Will Deed.
10. Ex.P5 is the Sale Deed pertaining to 'A' schedule Item No.1 property executed by Sri Anjaneya Swamy house building Co-operative Society Limited in favour of deceased Manjunath. The Ex.P6 is the katha certificate, Ex.P7 is the property register extract and Ex.P8 is the tax paid receipt and Ex.P9 is the Encumbrance Certificate.
16 P&SC.No.25049/2022
Judgment
11. Ex.P10 is the Sale Deed pertaining to 'A' schedule item No.2 property executed by BDA in favour of deceased M. Manjunath and Ex.P11 is the Rectification Deed, Ex.P12 is the katha certificate and Ex.P13 is the katha extract and Ex.P14 is the Encumbrance Certificate.
12. Ex.P18 is the Sale Deed pertaining to schedule B property item No.1 executed by M. Bheemanna @ Subbanna and two others in favour of deceased Manjunath. Ex.P19 is the Tax paid receipt, Ex.P20 is the Encumbrance Certificate.
13. Ex.P21 is the certified copy of the Sale Deed pertaining to the schedule B, item No.2 executed in favour of deceased M. Manjunath. Ex.P22 is the katha certificate and Ex.P23 is the katha extract, Ex.P24 and 25 are the Encumbrance Certificates.
14. Ex.P26 is the certified copy of Deed pertaining to B schedule item No.3 property executed in favour of deceased Manjunath, Ex.P27 is the katha certificate and Ex.P28 is the katha extract and Ex.P29 is the Encumbrance Certificate. 17 P&SC.No.25049/2022
Judgment
15. Ex.P30 is the certified copy of the sale deed pertaining to item No.4 executed by Ravindra S and others in favour of deceased M. Manjunath, Ex.P31 is the Form B Property Register Extract. Ex.P32 is the Tax paid receipt. Ex.P33 and 34 are the Encumbrance Certificates.
16. Ex.P35 is the certified copy of sale deed pertaining to schedule B property, item No.5. Ex.P36 is the Sale Deed executed by Siddamma W/o Late Madaiah, bequeathed suit schedule B property item No.5 in favour of deceased M. Manjunath. Ex.P37 is the Death Certificate of Siddamma W/o Late Madaiah. On the basis of the Sale Deed khata of suit schedule B property item No.5 is transferred to the name of deceased M. Manjunath. Ex.P39 is the katha extract. Ex.P40 & 41 are the Encumbrance Certificates. Ex.P42 is the Death Certificate of deceased M. Manjunath. Ex.P43 to 48 are the Loan Account Extracts.
17. PW.2 is the petitioner No.2 and he has also reiterated the facts pleaded in the petition. PW.3 is a witness to 18 P&SC.No.25049/2022 Judgment the Will Deed Ex.P2 and has deposed that Late M. Manjunatha has executed a Will Deed dt: 08/09/2017 and bequeathed the schedule properties in favour of petitioners out of love and affection, who are none other than the sons of his brother Sachhidanandaswamy as they looked after him during his life time. He has further deposed that at the time of execution of Will Deed the deceased was hale and healthy and was in sound state of mind and deceased informed that he is going to bequeath the schedule property in favour of his brothers sons and asked him to become a witness. Therefore he has signed Will at Ex.P2(a).
18. PW.4 is another witness to the Will Deed Ex.P2. P.W4 has deposed that, Late M. Manjunatha has executed a Will Deed dt: 08/09/2017 and bequeathed the schedule properties in favour of petitioners out of love and affection, who are none other than the sons of his brother Sachhidanandaswamy as they looked after him during his life time. He has further deposed that at the time of execution of Will Deed the deceased was hale and healthy and was in 19 P&SC.No.25049/2022 Judgment sound state of mind and deceased informed that he is going to bequeath the schedule property in favour of his brothers sons and asked him to become a witness. Therefore he has signed Will at Ex.P2(c).
19. PW.5 is the Scribe of the Will Deed and he has deposed that, Late M. Manjunatha has executed a Will Deed dt:
08/09/2017 bequeathed the schedule properties in favour of petitioners out of love and affection, who are none other than the sons of his brother Sachhidanandaswamy as they looked after him during his life time. He has further deposed that at the time of execution of Will Deed the deceased was hale and healthy and was in sound state of mind and deceased informed that he is going to bequeath the schedule property in favour of his brothers sons and asked him to scribe the document. Therefore he has prepared order signed Will at Ex.P2(e).
20. The petitioner No.3 is also examined, but by oversight he is numbered as PW.5. It should have been PW.6. 20 P&SC.No.25049/2022
Judgment He has reiterated the facts pleaded in the petition and produced the Bank Account Statements.
21. The sister Vishalakshamma also is examined as a witness and she has deposed that she has no objection to grant a Succession Certificate/Probate in favour of the petitioners. Again she has wrongly numbered as PW.6. It should have been PW.7.
22. The petitioners have produced the Will Deed and examined the attesting witness and scribe of the document. The witnesses have clearly deposed that in their presence deceased Manjunath has executed a Will Deed and bequeathed the suit schedule movable and immovable properties in favour of the petitioners. The witnesses have also identified the signatures of the deceased. The Will Deed is executed in accordance with law. Therefore the principles laid down in AIR 2019 Supreme Court 5682, Ganesan (D) through L.Rs Vs. Kalanjiam and others, are applicable to the present facts of the case. The petitioners have proved the 21 P&SC.No.25049/2022 Judgment Will in accordance with law. Therefore the petitioner No.1 is entitled for the Probate in respect of the Item No.1 & 2 of petition schedule A properties on the basis of the Will Deed dt:
08/09/2017. The petitioner No.2 is entitled for the Probate in respect of the suit schedule B properties item Nos.1 to 5 on the basis of the Will Deed dt: 08/09/2017. The petitioner No.3 is entitled for the Probate in respect of Bank Accounts as (a) to (h) of petition schedule C on the basis of the Will Deed dt:
08/09/2017.
23. The Will Deed shows that the decease M. Manjunath has one sister namely Vishalakshamma and brothers namely Shivakumaraiah, Sachhidanandaswamy, Shivamahadeva, Sadashivan. But in the Will Deed Ex.P2 M. Manjunath executed Will in favour of petitioners No.1 to 3 only and bequeathed his movable and immovable properties. Therefore the petitioners are entitled for the Probate. Hence, I proceed to answer above point No.1 in the Affirmative. 22 P&SC.No.25049/2022
Judgment
24. Point No.2:- For the forgoing reasons assigned on point No.1, I proceed to pass the following:
ORDER The petition filed by the petitioners U/s 372 of Indian Succession Act, is hereby allowed.
The petitioners shall execute Indemnity Bond and Surety.
The petitioners shall file inventory and accounts within one year.
[Dictated to the Stenographer, after his transcription, corrected, signed and then pronounced by me in the open Court on this the 5th day of September, 2024].
(Sri. S. Gopalappa) C/c IV ADDL.CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT; BANGALORE.
-:ANNEXURE:-
WITNESS EXAMINED FOR PETITIONERS:
PW.1 : B.S. Yuvaraj S/o Sachhidanandaswamy PW.2 : B.S. Shivaraj S/o Sachhidanandaswamy PW.3 : M. Shanthappa S/o Late Madappa 23 P&SC.No.25049/2022 Judgment PW.4 : M. Jayaprakash S/o Late S.K Maligappa PW.5 : H.G Venkataramu S/o Late Govindaiah PW.5 : Sachhidanandaswamy S/o Late Madaiah PW.6 : Smt. Vishalakshamma W/o Late Virupakshaiah G.C DOCUMENTS MARKED FOR PETITIONERS: Ex.P1 : SSLC Marks Card Ex.P2 : Original Will dt: 08/09/2017 Ex.P3 : Aadhar card of Manjunath Ex.P4 : Aadhar card of PW.1 Ex.P5 : Certified copy of Conditional Sale Deed Ex.P6 : Certificate issued by BBMP Ex.P7 : Demand Register Extract Ex.P8 : Computer generated Tax paid receipt Ex.P9 : Computer generated E.C Ex.P10 : Computer generated Sale Deed dt: 17/04/2008 Ex.P11 : Computer generated Rectification Deed dt: 05/05/2009 Ex.P12 : Katha Certificate Ex.P13 : Katha Extract Ex.P14 : Computer generated EC Ex.P15 : Latter issued by Union Bank Ex.P16 : SSLC Marks Card Ex.P17 : Aadhar card of PW.2 Ex.P18 : Certified copy of Sale Deed 24 P&SC.No.25049/2022 Judgment Ex.P19 : Computer generated Tax paid receipt Ex.P20 : Certified copy of EC Ex.P21 : Certified copy of Sale deed dt: 28/06/1990 Ex.P22 : Katha Certificate Ex.P23 : Katha Extract Ex.P24&25 : Certified copy of Two EC Ex.P26 : Certified copy of Sale Deed Ex.P27 : Katha Certificate Ex.P28 : Katha Extract Ex.P29 : Computer generated EC Ex.P30 : Certified copy of Sale deed dt: 04/05/2017 Ex.P31 : B Property Register Extract Ex.P32 : Computer generated tax paid receipt Ex.P33 : Certified copy of EC Ex.P34 : Computer generated EC Ex.P35 : Sale Deed dt: 14/02/1983 Ex.P36 : Original Will Ex.P37 : Death certificate Ex.P38 : Katha Certificate Ex.P39 : Katha Extract Ex.P40 : Certified copy of EC Ex.P41 : Computer generated EC Ex.P42 : Death Certificate of Manjunath Ex.P43to49 : Bank Statements Ex.P50 : Notarized Aadhar Card 25 P&SC.No.25049/2022 Judgment WITNESS EXAMINED FOR RESPONDENT: -Nil- DOCUMENT MARKED FOR RESPONDENT: -Nil-
C/c IV ADDL.CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT; BANGALORE.