Dr.C.Muddu Krishna Reddy @ Dr.C M K Reddy v. Dr.C.Lakshminarasa Reddy And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Dr.C.Muddu Krishna Reddy @ Dr.C M K Reddy
...Petitioner
vs.
1.Dr.C.Lakshminarasa Reddy 2.Dr.C.Radhakrishna Reddy 3.Dr.C.Mohan Kishore 4.Mrs.K.Haritha 5.Mr.C.Sudhir Reddy 6.Dr.C.Rohini (R5 & R6 brought on record as legal heirs of deceased 2nd respondent amended carried out as per order dated 21.11.2024 in A.No.4675/2024 in O.P.No.513/2023)
...Respondents
PRAYER: Original Petition filed under Section 232 & 276 of Indian Succession Act read with Order XXV Rule 5 of O.S. Rules, prays that Letters of Administration with the WILL annexed may be granted to him as the brother legatee and beneficiary under the WILL of the said deceased Dr.Chillakuru Mohan Reddy to have effect throughout the State of Tamilnadu.
For Petitioner : Mr.S.P.Meenakshi Sundaram For Respondent : No appearance 1/6
ORDER
This Original Petition has been filed for issuance of the Letters of Administration in respect of the Will dated 21.06.2020 executed by Late.Mr.Dr.C.Mohan Reddy, who died on 22.07.2020. The petitioner along with the first and the second respondents are the brothers of the testator. The third and fourth respondents are the children of the petitioner, whereas the sixth and seventh respondents are the children of the second respondent. The petitioner submits that the second respondent died. The petitioner along with the respondents 3 and 4 are the beneficiaries who are named in the Will. The testator has not appointed any executor under the said Will. The petitioner seeks issuance of Letters of Administration in respect of the properties situated within the jurisdiction of this court.
2. The petitioner has examined himself as PW1. He has produced the certified copy of the registered will and testament dated 21.06.2020 as Ex.P1. The computer generated copy of the death certificate of the Testator has been marked as Ex.P2. The respondents 1, 2, 5 and 6 have filed their consent affidavits which are marked as Ex.P7, Ex.P8, Ex.P9 and Ex.P10 respectively. From the Ex.P1 it can be deduced that the petitioner along with 2/6
the third and fourth respondent are the beneficiaries under the said will dated 21.06.2020.
3. The petitioner has examined Mr.K.Krishna Murthy and Mr.M.Mohan Naidu, who is the first and the second attesting witness to the said Will as PW2 and PW3. They have spoken about the execution of the Will by the testator and its attestation by them and have marked their affidavits as Ex.P11 and Ex.P13.
4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
5. In view of the above mentioned facts, this Original Petition is ordered and Letters of Administration are granted in favour of the petitioner, in respect of the Will dated 21.06.2020 of the testator Late.Mr.Dr.C.Mohan Reddy. The petitioner is directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioner is further 3/6
directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. Index :Yes/No Petitioner's witness:
P.W.1 - Dr.C.Muddu Krishna Reddy @ Dr.C.M.K.Reddy P.W.2 - Mr.K.Krishna Murthy P.W.3 - Mr.M.Mohan Naidu Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Will dated 21.06.2020 Ex.P2 Computer generated copy of the death certificate of Dr.C.Mohan Reddy died on 27.07.2020.
Ex.P3 Photocopy of the Aadhar Card of the petitioner.(Original is produced, compared and returned to the petitioner's counsel) Ex.P4 Photocopy of the sale deed registered as Doc.No.822/2014 dated 21.02.2014.(Original is produced, compared and returned to the petitioner's counsel) Ex.P5 Photocopy of the sale deed registered as Doc.No.5163/2016 dated 04.05.2016.(Original is produced, compared and returned to the petitioner's counsel) Ex.P6 Affidavit of assets wherein the net value of the estate is Rs.1,20,82,918.45/- Ex.P7 Consent affidavit of the 1st respondent.
Ex.P8 Consent affidavit of the 2nd respondent.
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Ex.P9 Consent affidavit of the 5th respondent.
Ex.P10 Consent affidavit of the 6th respondent.
Ex.P11 Affidavit.
Ex.P12 Photocopy of the Aadhar Card of the 1st attesting witness. Ex.P13 Affidavit.
Ex.P14 Photocopy of the Aadhar Card of the 1st attesting witness. 5/6
K.KUMARESH BABU, J.
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