RENUKA Vs. NIL

JUDGEMENT

(1.) This Miscellaneous First Appeal is preferred by the appellant assailing the order dtd. 5/1/2023 passed by the V Addl. City Civil Judge, Bengaluru, in P & S.C.No.634/2021.

(2.) The brief facts of the case are as follows: Smt. Y. Soubhagya executed a will dtd. 27/4/2021 in favour of her sister Renuka - appellant herein, with respect to residential house property bearing Municipal New No.7, Old Site No.432, measuring east to west 25ft. and north to south 20 ft., situated in 14th cross, Marenahalli Lake side, Jayanagara, Bengaluru. Appellant's sister Smt. Y. Soubhagya died on 6/5/2021. Appellant filed P & S.C.No.634/2021 before the City Civil Judge, Bengaluru and sought for grant of Probate in respect of the Will dtd. 27/4/2021 executed by the deceased Smt. Y. Soubhagya in favour of the appellant, in respect of the schedule property.

(3.) The trial Court on perusal of the oral and documentary evidence on record held that the appellant/petitioner is the only legatee under the Will in respect of the immovable property, she is not an executor. Therefore, she cannot seek a Probate or Succession Certificate of the Will.