in the high court of karnataka, bangalore dated this the 28th day of

1
W.P.5272/14
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 28TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO.5272/2014 (GM-RES)
BETWEEN:
MAY ANDREA YEVETTE @ MAY ANDREA JACKSON,
W/O LATE WILFRED JACKSON,
AGED ABOUT 61 YEARS,
CORNICHE TOWER APT.,
APT.2301, P.O. BOX 1290, AJMAN, U.A.E.,
REP. BY HER GPA HOLDER
CLINTON JAMES KELMAN,
S/O LATE COLIN LESLIE KELMAN,
AGED 62 YEARS, NO.211,
1ST ‘C’ CROSS, 3RD BLOCK,
HR.B.R. LAYOUT, BANGALORE-560084.
… PETITIONER
(BY SRI L.GOVINDRAJ, ADV.)
AND:
1.
INDIAN BANK,
BANGALORE CITY BRANCH,
NO.10, K.G.ROAD, BANGALORE,
REP. BY ITS GENERAL MANAGER.
2.
CANARA BANK,
‘D’ COSTA SQUARE BRANCH,
BANGALORE,
REP. BY ITS CHIEF MANAGER.
… RESPONDENTS
(BY SRI A.KESHAVA BHAT, ADV. FOR R-1;
SMT.SRIDEVI K.B., ADV. FOR R-2.)
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W.P.5272/14
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENTS DATED 16.01.2014 ISSUED BY THE R-1 VIDE
ANN-E, AND THE ENDORSEMENT DATED 10.10.2013 ISSUED
BY THE R-2 VID ANN-G.
THIS WRIT PETITION COMING ON FOR PRL.HEARING IN
‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by an Indian Christian is to quash
the endorsements dated 16.1.2014 Annexure-E of the
1st respondent and dated 10.10.2013 Annexure-G of the
2nd respondent; to declare that Section 213 of the Indian
Succession Act, 1925, for short ‘Act’ exempts the
petitioner from obligation of obtaining probate of the
Will dated 9.12.2005 Annexure-B and to direct the
respondents to act on the probate dated 15.10.2012
Annexures-C and C1 issued by the Supreme Court of
Victoria, Australia.
2. Petitioner’s husband, an Indian Christian born
and bread in India, issued with an Indian Passport
No.F1486563 dated 22.2.2005 by the Regional Passport
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W.P.5272/14
Office, Bangalore is reported to have died testate, at
Bangalore, on 4.5.2012, leaving behind a testamentary
disposition
dated
9.12.2005
bequeathing
all
his
movable and immovable properties, some of which are
in the State of Karnataka while others global, in favour
of the petitioner-widow.
3. Petitioner being an Indian Christian while the
deceased testator also of the same community, obtained
probate of the Will dated 9.12.2005 before the Supreme
Court of Victoria in Australia appointing the petitioner
as an executor and legatee under the Will. Armed with
the said probate Annexures-C and C1, petitioner’s
representation to respondents 1 and 2-Banks, which
held in trust the monies of the deceased testator in
several Bank accounts, Fixed Deposits and Bank
lockers to permit the petitioner to withdraw the
amounts and operate the Bank locker, which when
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W.P.5272/14
denied by endorsements, Annexures-E and G has
resulted in this petition for the reliefs noticed supra.
4. There is no more dispute over the fact that the
deceased testator was an Indian Christian since even
according to the Bank account opening form maintained
by the Banks discloses that the deceased declared
himself to be an Indian Christian based upon which the
Banks opened the Savings Bank Account and Fixed
Deposits, as also a locker in the 2nd respondent-Bank.
Regard being had to subsection (2) of Section 213 of the
Indian Succession Act, 1925 inserted w.e.f. 27.5.2002
making Section 213 inapplicable to Wills of Indian
Christians, there is no need for the petitioner to obtain a
probate of the said Will dated 9.12.2005 of the deceased
Wilfred Jackson, s/o late Nelson Jackson under the
‘Act’.
There is also no necessity for the petitioner to
obtain an ancillary probate of the said Will under
Section 228 of the said Act.
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W.P.5272/14
5. Petitioner having obtained a probate from the
Supreme Court of Victoria, Australia, in accordance
with the laws of Australia wherein she is recognized as
an Executor and legatee under the Will dated 9.12.2005
of late Wilfred Jackson, who is also known as Capt.
Wilfred Jackson, the endorsements issued by the
Banks, Annexures-E and G calling upon the petitioner
to get the probate confirmed by a competent authority;
to obtain legal heir certificate and; signatures of all
children, are arbitrary, illegal and capricious.
6.
Sri.Keshav Bhat, learned counsel for the 1st
respondent-Bank submits that the deceased Capt.
Wilfred Jackson held the following accounts:
Sl.
No
A/C No.
1.
440840222
2.
440875562
3.
440840233
4.
440902246
Name of the
Account Holder
Captain Wilfred
Jackson
Captain Wilfred
Jackson
Miss Wilfred
Jackson
Captain Wilfred
Jackson
Balance
Outstanding
(Rs.)
89752.00
175473.90
0.00
914112.00
Type of
Account
SB A/c
SB/NRE/
A/c
SB
RIP/NRE
Due Date
…
…
…
19.02.15
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W.P.5272/14
5.
440902291
6.
708035973
7.
440902371
8.
440902122
9.
440902133
10.
440902075
Captain Wilfred
Jackson
Captain Wilfred
Jackson
Captain Wilfred
Jackson
Captain Wilfred
Jackson
Captain Wilfred
Jackson
Captain Wilfred &
Mary Jackson
720231.00
RIP/NRE
647676.00
RIP/NRE
363011.00
RIP/NRE
497261.00
RIP/NRE
1166331.00
RIP/NRE
327080.00
RIP/NRE
26.04.14
11.07.14
18.07.14
01.08.15
02.08.15
11.03.15
Smt.Sridevi, learned counsel for 2nd respondent-Bank
submits that the deceased held two accounts bearing
No. 0432104013507 and 0432103009938 and a locker
bearing No.144 with the 2nd respondent-Bank.
7. In the circumstances, this petition deserves to
be allowed.
The endorsements Annexures-E and G of
the 1st and 2nd respondents, respectively, are quashed.
It is declared that the petitioner is not obliged to secure
a probate of the Will of late Wilfred Jackson under
Section 213 of the Act or an Ancillary Probate under
Section 228 of the Act.
Direction shall ensue to
respondents 1 and 2 to forthwith permit the petitioner
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W.P.5272/14
to operate the Bank Accounts of the deceased Captain
Wilfred Jackson, as well as the safe deposit locker in the
2nd respondent Bank. It is open for the Banks to close
the accounts of Captain Wilfred Jackson and make over
the monies with interest to the petitioner forthwith. As
regards the term deposits, it is for the petitioner to
decide to foreclose the deposits or continue the deposits
in the Bank until expiry of the time fixed in the deposit
certificates.
Sd/JUDGE
ln.

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