RUPA B.P. Vs. ASSISTANT REVENUE OFFICER

JUDGEMENT

(1.) In this writ petition, the petitioner has called in question the endorsement dtd. 26/5/2018 issued by respondent No.1 vide Annexure-A, whereby the request of the petitioner for change of Katha in respect of the petition scheduled property has been rejected.

(2.) The case of the petitioner is that the petition schedule property belongs to Late Smt.A.Rajamma, who is the mother-in-law of the petitioner. The said Smt.A.Rajamma had executed a Will dtd. 21/1/2004 in favour of the petitioner. Smt.A.Rajamma died on 23/3/2016. After the death of the testator, Smt.A.Rajamma, the petitioner got the Will registered on 14/3/2018. Thereafter, the petitioner filed an application on 3/4/2018 before respondent No.1 for a change of Katha on the basis of the Will dtd. 21/1/2004. Pursuant to the application filed by the petitioner, respondent No.1 has issued the impugned endorsement dtd. 26/5/2018 vide Annexure-A directing the petitioner to get a declaration of ownership from the civil court. Being aggrieved by the impugned endorsement issued by respondent No.1, the petitioner is before this court.

(3.) The learned counsel for the petitioner submits that the testator of the Will is a Hindu and the property in dispute is situated in Bengaluru. Therefore, the beneficiary under the Will need not get the probate of the Will and nobody has disputed the Will. Hence, getting a declaration from the civil court would not arise. The impugned endorsement is issued contrary to law. Hence, he sought to allow the writ petition.