harsha p & sseee

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IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

P & S C NO.______________________/2006

Sri. K.S.Raghavendra Rao,S/O Late Srinivasa Rao,Aged about 55 Years,No.580, 12th cross, 29th Main,EWS, II stage I Phase,BTM LayoutBANGALORE-5600076. ..

PETITIONER

-VS-

-NIL- .. RESPONDENT

PETITION UNDER SECTION 276 OF THE INDIAN SUCCESSION ACT, 1925

The Petitioner submits as under:

1) The address of the Petitioner for the purpose of service of notice of this

Honble court is as shown in the cause title and also that of her counsels Sri.

M.S.Bhagwat, and Pavanesh. D, Advocates, No.110/1, Nyaya Kuteera, 4th

Main, 9th Cross, Malleshwaram, Bangalore-560003.

2) The Petitioner is the son of late Subbamma, W/O Late K.Srinivasa Rao,

who died on 28.04.2004. The copy of the death certificate of his motherLate.Subbamma, is filed herewith and marked as DOCUMENT NO.I. The

petitioner submits that the Late Subbamma was allottee of the free site

situated at No. 580, formed by the Bangalore Development Authority in BTM

(EWS) extension, totally measuring east to west 9.00 meters and North to

south 6.00 meters totally measuring 54.00 square meters, by Bangalore

Development Authority and having acquired the same by virtue of the lease

agreement dated 1.7.1989. The copy of the lease agreement dated 1.7.89 is

filed herewith and marked as DOCUMENT NO.II. The copy of the possession

certificate and allotment letter issued by the Bangalore Development

Authority are filed herewith and marked as DOCUMENT NO.III AND IV. The

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petitioner submits that thereafter The Khatha of the said property got

transferred in the name of Late Subbamma and she also got obtained plan

from the BDA for the construction of the residential premises. The copy of theapproved license dated 25/2/89 issued by the Assistant Executive Engineer,

South Sub-Division, B.D.A is filed herewith and marked as DOCUMENT NO.V.

The copy of the Khatha certificate dated 20.11.87 is filed herewith and marked

as DOCUMENT NO.VI The petitioner submits that thereafter Late Subbamma

got constructed the residential premises out of the funds of this petitioner, as

Late Subbamma had no income of her own, and continue to reside along with

this petitioner, in the said premises.

3. The Petitioner submits that thus the late Subbamma had become the

absolute owner of the petition schedule property. The petitioner further

submits that on 1st September 1995 Subbamma executed the registered will

bequeathing the petition schedule property in favor of this petitioner. The said

will is registered in the office of the Sub-Registrar, Rajajinagar, Bangalore,

bearing registered document No. 186 registered in Book III, Volume 75 in

pages 185-187. The petitioner further submits that the will is duly executed in

presence of two witnesses and in procedure known to law. The copy of the will

dated 1.9.1995 is filed herewith and marked as DOCUMENT NO. VII.

4. The petitioner submits that after the death of his mother Late

Subbamma, approached the concerned authorities for the change of Khatha in

respect of the petition schedule premises. The petitioner further submits that

the concerned authorities have refused to change the Khatha in the name of

this petitioner and insisted upon a courts order for the change of Khatha. The

petitioner submits that the petition schedule property is free from all

encumbrances and court litigation and Late Subbamma is the absolute owner

of the petition schedule property and the petition schedule property is the self

acquired property.

5. The petitioner further submits that the Late Subbamma has executed

the will in favor of this petitioner with great love and affection towards this

petitioner. The petitioner further states that the will is the registered will and

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duly registered and attested in accordance with law. The petitioner submits

that petitioner has paid the upto date taxes in respect of the schedule

property, and there are no encumbrances, charges, created in respect of theschedule property.

5. The petitioner submits that the will executed by Late Subbamma in

favor of petitioner dated 1.9.1995 registered in the office of the Sub-Registrar,

Rajajinagar, Bangalore, bearing registered document No. 186 registered in

Book III, Volume 75 in pages 185-187 is the final will of the Late.Subbamma,

and there are no other will executed by the Late.Subbamma within the

knowledge of this petitioner.

6. The petitioner submits that he has produced all the relevant documents

before this Honble court, and it is necessary to issue probate in respect of the

will dated 1.9.1995 executed by Late Subbamma in favor of the petitioner.

7. The cause of action arose soon after the death of late Subbamma on

28.04.2004 and Late Subbamma resided in Bangalore City at the time of her

death and the petition schedule property situates within the jurisdiction of this

Honble court therefore this Honble court has got jurisdiction to entertain this

petition.

PRAYER:

8. The petitioner, therefore, prays that this Honble court may be pleased

to:

(i) PASS a judgement and decree by issuing Probate in respect registered

will dated 1.9.1995 registered in the office of the Sub-Registrar, Rajajinagar,

Bangalore, bearing registered document No. 186 registered in Book III, Volume

75 in pages 185-187 executed by Late. Subbamma in favor of the petitioner in

respect of the petition schedule premises, in the interest of justice and equity.

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(ii) PASS any other appropriate order including the cost of this petition in

the interest of justice and equity.

SCHEDULEAll that piece and parcel of the property bearing No. 580 situated at BTM

extension, BTM Layout, Bangalore 560 076 with constructed house, and

bounded on:

EAST BY: ROAD

WEST BY: SITE NO. 585

NORTH BY: SITE NO. 581

SOUTH BY: SITE NO. 579

BANGALORE PETITIONER

DATE: 30.11.2006 COUNSEL FOR

PETITIONER

VERIFICATION

I, K.S.Raghavendra Rao S/O Late Srinivasa Rao, Aged about 55 Years,

No.580, 12th cross, 29th Main, EWS, II stage, I Phase, BTM Layout BANGALORE-

5600076, do hereby verify and state that what is stated above are true and

correct to the best of my knowledge, belief and information and I have not

suppressed any material facts.

BANGALORE

DATE: 30.11.2006

PETITIONER

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P & S C NO.______________________/2006

Sri. K.S.Raghavendra Rao PETITIONER

-vs-

NIL RESPONDENT

VERIFYING AFFIDAVIT



5600076, do hereby solemnly affirm and state as follows:

1) I am the petitioner in the above Petition.

2) Statements made from para no.1 to ____ of the above P & S C are true

and correct to the best of my knowledge, belief and information which I

believe to be true.

3) Document No.I to VII are Certified / Zerox / typed copies.

BANGALORE,DATED: 30.11.2006

DEPONENT

Identified by:

Advocate

No. of corrections:

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P & S C NO.______________________/2006


-vs-

NIL RESPONDENT

INDEX

1 Memorandum of Petition under sec 276 of IndianSuccession Act

2 Verifying affidavit3 Valuation Slip4 List of Documents5 Vakalath

BANGALORE

DATE : 30.11.2006 COUNSEL FOR

PETITIONER


P & S C NO.______________________/2006

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Sri. K.S.Raghavendra Rao

PETITIONER

-vs-

NIL RESPONDENT

LIST OF DOCUMENTS

1 DOCUMENT NO.I The copy of the Death Certificate of

Late Subbamma2 DOCUMENT NO.II The copy of the lease agreement dated

1.7.893 DOCUMENT

NO.IIIThe copy of the possession certificate

4 DOCUMENTNO.IV

The copy of the allotment letter

5 DOCUMENT NO.V The copy of the approved license dated25/2/89

6 DOCUMENTNO.VI

The copy of the Khatha certificatedated 20.11.87

7 DOCUMENTNO.VII

The copy of the Will dated 1.9.1995

BANGALORE


PETITIONER

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SCHEDULE III PART1


P & S C NO.______________________/2006


-vs-

NIL RESPONDENT

VALUATION SLIP

PROBATE OF THE WILL OF THE ESTATE OF DECEASED SUBBAMMA




1) I am the executor of the deceased Subbamma and that I have truly set

forth in Annexure A to this form of valuation all the estate of the of which the

above named deceased or to which he was entitled at the time of his death,

and which has come, or likely to come, to my hands.

2) I further declare that the said estate exclusive only of the last mentioned

items, was on the date of the death of Subbamma is under the value of Rs.600

3). I, the above named declare that the Statements made in this form of

valuation is true and correct to the best of my knowledge, belief and

information which I believe to be true.

BANGALORE

DATE : 30.11.2006

PETITIONER

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SCHEDULE III PART1ANNEXURE - A


P & S C NO.233/2006


-vs-

NIL RESPONDENT

VALUATION SLIP

PROBATE OF THE WILL OF THE ESTATE OF DECEASED SUBBAMMA

VALUATION OF THE IMMOVABLE PROPERTY OF THE DECEASED

All that piece and parcel of the property bearing No. 580 situated at BTM

extension, BTM Layout, Bangalore 560 076 measuring 581.25 square feet

with constructed house measuring 4 squares, and bounded on:

EAST BY: ROAD

WEST BY: SITE NO. 585

NORTH BY: SITE NO. 581

SOUTH BY: SITE NO. 579

The market value of the said property as on the date of petition is

Rs.5,36,750/- (Rupees Five Lakh Thirty six thousand seven hundred and fifty

Only)

BANGALORE


PETITIONER

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IN THE COURT OF THE VI ADDITIONAL CITY CIVIL JUDGE ATBANGALORE

P & S.C. NO. 223 / 2006

Sri. K.S.Raghavendra Rao,S/O Late Srinivasa Rao,Aged about 55 Years,No.580, 12th cross, 29th Main,EWS, II stage I Phase,BTM LayoutBANGALORE-5600076. ..

PETITIONER

-VS-

-NIL- .. RESPONDENT

WHEREAS, the petitioner has filed the above petition under section 276of the Indian Succession Act, 1925 seeking a judgement and decree for issuingprobate in respect registered will dated 1.9.1995 executed by Late.Smt.Subbamma, mother of the petitioner and who died on 28.4.2004 in favorof the petitioner in respect of the petition schedule premises

Anyone who claims in respect of the schedule property mentioned belowshall appear before this court i.e., CCH No.11 on 3rd Day of February 2007, at11.00 a.m.

Take this notice if anyone who has objections fails to appear before theCourt on the above said date the petition will be heard and determined exparte.

SCHEDULEAll that piece and parcel of the property bearing No. 580 situated at BTM

extension, BTM Layout, Bangalore 560 076 with constructed house, and

bounded on:

EAST BY: ROAD

WEST BY: SITE NO. 585NORTH BY: SITE NO. 581SOUTH BY: SITE NO. 579

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Given under my hand and seal of the court this ____ day of January2007, at Bangalore.

ADVOCATES ADDRESS:M.S.Bhagwat, BY ORDER OF THE COURTNagesha B.SAdvocates,No.110/1, 4th Main, AssistantRegistrar9th cross, City Civil Court, Bangalore.Malleswaram,Bangalore 560003.

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P & S C NO.______________________/2006


-vs-

NIL RESPONDENT

APPLICATION UNDER ORDER V RULES 20 (1-A) READ WITH SECTION151 OF CPC:


For the reasons stated in the accompanying Affidavit, this Honble court

may be pleased to issue notice of this Honble court of the above petition by

way of paper publication, in the Kannada News Daily Vijaya Karnataka in the

interest of justice and equity.

BANGALORE

DATE: 1.12.2006 COUNSEL FOR

PLAINTIFF

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P & S C NO.______________________/2006


-vs-

NIL RESPONDENT

AFFIDAVIT




1) I am the petitioner in the above Petition and I am conversant with the

facts of the case. I am authorized to swear this affidavit in the above case

2) I state that I had filed the above petition seeking a judgement and

decree by issuing Probate in respect registered will dated 1.9.1995 registered

in the office of the Sub-Registrar, Rajajinagar, Bangalore, bearing registered

document No. 186 registered in Book III, Volume 75 in pages 185-187

executed by Late. Subbamma in my favor in respect of the petition schedule

premises.

3). I further state that it is necessary to issue paper publication of the notice

of this petition in Kannada News Daily Vijaya Karnataka.

4) PRAYER:

I, therefore, pray that this Honble Court may be pleased order notice of

the above petition by way of paper publication in a daily Kannada newspaper

Vijaya Karnataka in the interest of justice and equity.

BANGALORE.

1.12.2006 DEPONENT.



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5600076, Deponent herein, do hereby verify and state that what is stated

above are true and correct to the best of my knowledge, belief and

information, which I believe to be true.

BANGALORE.

1.12.2006 DEPONENT.

Identified by:

Advocate.

No. of corrections

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IN THE COURT OF VI ADDITIONAL CITY CIVIL JUDGE AT BANGALORE

P & S C NO. 233/2006


-vs-

NIL

RESPONDENT

MEMO

The petitioner herewith producing the paper publication of the notice of

the above petition, published in the kannada news daily Vijaya Karnataka

dated 21.01.2007. Same may be taken on record in the interest of justice and

equity.

BANGALORE

DATE: 03.02.2007 COUNSEL FOR PETITIONER

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P & S C NO. 233/2006


-vs-

NIL RESPONDENT

EVIDENCE OF THE PETITIONER BY WAY OF AFFIDAVIT




1) I am the petitioner in the above Petition and I am conversant with the

facts of the case. I am authorized to swear this affidavit in the above case

2) I state that I have filed the above petition seeking a judgement anddecree by issuing Probate in respect registered will dated 1.9.1995 registered

in the office of the Sub-Registrar, Rajajinagar, Bangalore, bearing registered

document No. 186 registered in Book III, Volume 75 in pages 185-187

executed by Late. Subbamma in my favor in respect of the petition schedule

premises.

3) I state that I am the son of late Subbamma, W/O Late K.Srinivasa Rao,who died on 28.04.2004. I further that the Late Subbamma was allottee of the

free site situated at No. 580, formed by the Bangalore Development Authority

in BTM (EWS) extension, totally measuring east to west 9.00 meters and North

to south 6.00 meters totally measuring 54.00 square meters, by Bangalore

Development Authority and having acquired the same by virtue of the

lease/cum sale agreement dated 1.7.1989, thereafter the possession

certificate and allotment letter were also issued by the Bangalore

Development Authority I submit that thereafter The Khatha of the said

property got transferred in the name of Late Subbamma and she also got

obtained plan from the BDA for the construction of the residential premises. I

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submit that thereafter Late Subbamma got constructed the residential

premises out of my funds, as Late Subbamma had no income of her own, and

continue to reside along with me, in the said premises.

4). I further state that thus the late Subbamma had become the absolute

owner of the petition schedule property. I further submit that on 1st September

1995 Subbamma executed the registered will bequeathing the petition

schedule property in my favor. The said will is registered in the office of the

Sub-Registrar, Rajajinagar, Bangalore, bearing registered document No. 186

registered in Book III, Volume 75 in pages 185-187. I further submit that thewill is duly executed in presence of two witnesses and in procedure known to

law.

5). I further state that the petition schedule property is free from all

encumbrances and court litigation and Late Subbamma was the absolute

owner of the petition schedule property and the petition schedule property is

his self acquired property. I state that the Late Subbamma has executed the

will his in my favor with great love and affection towards me. I further state

that the will is the registered will and duly registered and attested in

accordance with law. I submit that I have paid the up to date taxes in respect

of the schedule property, and there are no encumbrances, charges, created in

respect of the schedule property.

6). I state that the will executed by Late Subbamma in favor dated 1.9.1995

registered in the office of the Sub-Registrar, Rajajinagar, Bangalore, bearing

registered document No. 186 registered in Book III, Volume 75 in pages 185-

187 is the final will of the Late.Subbamma, and there are no other will

executed by the Late.Subbamma within my knowledge.

7). I state submit that I have produced all the relevant documents before

this Honble court, and it is necessary to issue probate in respect of the will

dated 1.9.1995 executed by Late Subbamma in my favor.

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8). I, therefore, pray that this Honble Court may be pleased PASS a

judgement and decree by issuing Probate in respect registered will dated

1.9.1995 registered in the office of the Sub-Registrar, Rajajinagar, Bangalore,bearing registered document No. 186 registered in Book III, Volume 75 in

pages 185-187 executed by Late. Subbamma in my favour in respect of the

petition schedule premises, in the interest of justice and equity.

BANGALORE,

DATED: 14.02.2007DEPONENT

Identified by:

Advocate

No. of corrections:

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P & S C NO. 233/2006


-vs-

NIL

RESPONDENT

MEMO

The petitioner herewith producing the original death certificate, Khatha

certificate, possession certificate, and registered will executed by Late

Subbamma in favor of the petitioner, these documents may be taken on

record and mark them in evidence in the interest of justice and equity.

BANGALORE


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P & S C NO. 233/2006


-vs-

NIL RESPONDENT

EVIDENCE BY WAY OF AFFIDAVIT

I, Venkataramana, S/O Lakshminarayana, aged about 44 years,

Advocate, No.88, Upstairs, 8th cross Down, Malleshwaram, Bangalore 560

003 do hereby solemnly affirm and state as follows:

1. I, state that I am the practicing advocate.

2. I state that I have drafted the last will of the Subbamma as per her

instructions. I state that the will dated 1st September 1995 is drafted

by me on her instructions and as per her wish and registered in the

office of sub-registrar, Rajainagar and I have affixed my signature on

the said will.

3. I state that the Late subbamma was in sound state of mind at the

time of preparing and drafting the will, and she has put her signature

to the will in the presence of the 2 witnesses, M.Raghavendra Rao,

and K.R.Geetha.

BANGALORE,


Identified by:

Advocate

No. of corrections:

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P & S C.NO. 233/2006


-vs-

NIL RESPONDENT

EVIDENCE BY WAY OF AFFIDAVIT

I, K.R.Geetha, W/O K.S.Raghavendra Rao, aged about years, No.580,

12th cross, 29th Main, EWS, II stage, I Phase, BTM Layout BANGALORE -


1. I am the deponent herein and I am conversant with the facts of the

above case.

2. I state that I am the attester to the will dated 1st September 1995. I state

that I have affixed my signature the said will as attester and the said will

is registered in the office of sub-registrar, Rajainagar.

3. I state that the Late subbamma was in sound state of mind at the time

of execution of the will, and she has put her signature to the will in my

presence.

4. I state that my father late Raghavendra Rao was also one of the

attesters to the will who also had signed the Will as one of the attesters.

I further state that my father Raghavendra Rao died on 31.08.2002.

BANGALORE,


Identified by:

Advocate

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No. of corrections:


P & S C NO. 233/2006


-vs-

NIL RESPONDENT

APPLICATION UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE


For the reasons stated in the accompanying Affidavit, this Honble court

may be pleased to advance the case from 27.3.2007 to this day (20.03.2007)

for adducing the further evidence on the petitioners side, n the interest of

justice and equity.

BANGALORE

DATE:20.03.2007 COUNSEL FOR

PLAINTIFF

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P & S C NO. 233/2006


-vs-NIL RESPONDENT

AFFIDAVIT

I, K.S.Raghavendra Rao S/O Late Srinivasa Rao, Aged about 55 Years,No.580, 12th cross, 29th Main, EWS, II stage, I Phase, BTM Layout BANGALORE-5600076, do hereby solemnly affirm and state as follows:

1) I am the petitioner in the above Petition and I am conversant with thefacts of the case. I am authorized to swear this affidavit in the above case

2) I state that I had filed the above petition seeking a judgement anddecree by issuing Probate in respect registered will dated 1.9.1995 registeredin the office of the Sub-Registrar, Rajajinagar, Bangalore, bearing registereddocument No. 186 registered in Book III, Volume 75 in pages 185-187executed by Late. Subbamma in my favor in respect of the petition schedulepremises.

3). I further state that the above case is posted on 27.03.2007 for furtherevidence on the petitioner side. I state that the attester to the will whom I wishto examine on behalf is leaving the country on 26.03.2007 for Singapore forthe period of one year. Therefore it is necessary to advance the case from27.03.2007 to this day for further evidence on my side.

4). I state that I will be put to great financial loss and hardship if the case isnot advanced.

I, therefore, pray that this Honble Court may be pleased advance theabove case from 27.03.2007 to this day (20.03.2007) for further evidence ofthe petitioner side in the interests of justice and equity.

BANGALORE.

20.03.2007DEPONENT.

I, the above named deponent do hereby verify and state that what isstated above are true and correct to the best of my knowledge, belief andinformation, which I believe to be true.

BANGALORE.

20.03.2007DEPONENT.

Identified by:

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Advocate.IN THE COURT OF CITY CIVIL JUDGE AT BANGALORE

P & S C NO. 233/2006


-vs-NIL RESPONDENT

MEMO FOR PAYMENT OF THE COURT FEES

Petitioner submits that he had filed the above petition seeking a


1.9.1995 registered in the office of the Sub-Registrar, Rajajinagar, Bangalore,

bearing registered document No. 186 registered in Book III, Volume 75 in

pages 185-187 executed by Late. Subbamma in favor of petitioner in respect

of the petition schedule premises.

The petitioner further submits that this Honble court was pleased toallow the petition on 30.03.2007 and ordered to issue probate in respect

registered will dated 1.9.1995 registered in the office of the Sub-Registrar,

Rajajinagar, Bangalore, bearing registered document No. 186 registered in

Book III, Volume 75 in pages 185-187 executed by Late. Subbamma in favor of

petitioner in respect of the petition schedule premises.

The petitioner states that he has already filed the valuation slip, as per

which the market value of the schedule property is Rs.6,00,000/-. Therefore

the petitioner herewith furnishes the demand draft bearing No.

drawn on Karnataka Bank, towards the payment of court fees.

This Honble may be pleased to record the same, and issue probate as

prayed in the petition in the interests of justice and equity.

BANGALORE

DATE: 10.04.2007 COUNSEL FORPETITIONER

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P & S C NO. 233/2006


-vs-

NIL

RESPONDENT

MEMO FOR RETURN OF DOCUMENTS

Petitioner submits that he had filed the above petition seeking a


1.9.1995 executed by Late. Subbamma in favor of petitioner in respect of the

petition schedule premises.

The petitioner further states that he has produced Exhibit P1 to P4

before this Honble court at the time of adducing evidence. The petitioner

humbly prays before this court to return the original documents Exhibit P1 to

P4 to the petitioner after retaining the certified copies in the interests of

justice and equity.

BANGALORE
