SMT. RIHANA PRAVEEN Vs. NIL

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for appellant, the matter is taken up for final disposal.

(2.) The appellant is aggrieved by the dismissal of P&SC No.1/2018 on the ground that it was held to be not maintainable by the VIII Addl. District and Sessions Judge, Mysuru, Sitting at Hunsur (trial Court, for short), dated 28.03.2018.

(3.) We have heard learned counsel for the appellant. 3.1. The appellant states that one Jameer Ahmed married the petitioner on 21.07.2006 at Masjid-E-Siddiq at No.400, Siddiq Nagar, Bannimantap B layout, Mysuru as per the customs prevalent in the Muslim community. During his lifetime, said Jameer Ahmed acquired properties from and out of his earnings and that he was the absolute owner and in possession of those properties. Her husband Jameer Ahmed died on 9.06.2016. 3.2. During his lifetime, Jameer Ahmed had executed a registered Will dated 14.01.2016 in favour of the appellant. After the death of her husband, she became the absolute owner of the properties as per the registered Will of Jameer Ahmed. Subsequent to his death she applied for change of Katha of the properties in her favour, when she was informed that she would have to obtain a probate of the Will in order to enable the authorities to effect a change in the Katha, it is in this background that the appellant filed P&SC No.1/2018 under Section 276 of the Indian Succession Act, 1925 (the Act for short) seeking for issuance of probate certificate in support of the Will dated 14.01.2016 of her husband late Jameer Ahmed.