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Madras High CourtOP/27/2024ordered

K.S.Omprakash v. K.Lakshmi Prasuna And 2 Others

2025-04-04Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.S.Omprakash

...Petitioner

vs.

1.K.Lakshmi Prasuna 2.Dr.K.Sanketh Reddy 3.K.Sandeep Reddy

...Respondents

PRAYER: Original Petition filed under Sections 222 and 276 and Part IX of the Indian Succession Act, 1925 read with Order XXV Rule 4 of O.S.Rules, prays that he may be allowed to prove the Will in common form and that the probate thereof, to have effect throughout India may be granted to him. For Petitioner : Mr.K.S.V.Prasad For Respondents : Mr.M.L.Denis

ORDER

This Original Petition has been filed for issuance of Probate for the Last Will and testament dated 04.12.2018 executed by Late.Mr.Kethireddy Hari Prasad Reddy, who died on 17.05.2021. The petitioner has been appointed as executor under the Will.

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2.The first respondent is the wife of the Testator while the second and third respondents are the sons of the testator. The petitioner hereby submits that he has been appointed as the executor of the said Will dated 04.12.2018. Wherein the first respondent is the sole and the absolute beneficiary named under the said Will. The respondents hereby have expressed their consent to grant the Probate of the Will dated 04.12.2018 through the consent affidavits which have been filed along with the petition.

3. The petitioner has been examined as PW1. He has produced the original will dated 04.12.2018 as Ex.P1. The death certificate of Late.MR.Kethireddy Hari Prasad Reddy has been marked as Ex.P2. The computer generated Legal heirship certificate of testator has been marked as Ex.P3.

4. Mr.M.V.Ramana Reddy , who was the second attesting witness to the said Will has been examined as PW2. The attesting witness had spoken about the execution of the Will by the testator and its attestation by him along with the other attesting witness.

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5. 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.

6. In view of the said evidence, the execution of Will stands proved. Hence, the Original Petition is allowed granting probate of the last Will and testament dated 04.12.2018.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.K.S.Omprakash P.W.2 - Mr.M.V.Ramana Reddy Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Original Will dated 04.12.2018 executed by Mr.K.Hari Prasad Reddy.

Ex.P2 Computer generated death certificate of Mr.Kethireddy Hari Prasad Reddy along with certificate under Section 65 B of the Indian Evidence act, 1872.

Ex.P3 Computer generated legal heir ship certificate of Mr.Kethireddy Hari Prasad Reddy along with certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P4 Computer generated legal heir ship certificate of Mr.Kethireddy Anasuyamma along with certificate under 3/5

Section 65 B of the Indian Evidence Act, 1872. Ex.P5 Photocopy of the sale deed dated 22.06.1978 executed in favour of Mr.K.Hari Prasad Reddy (Compared with the original) Ex.P6 Webcopy of Judgment in O.S.No.66 of 2016 dated 08.02.2017 passed by V Additional District Judge, Nellore along with certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P7 Photocopy of the share certificate holding shares in India Cements Ltd., standing in the name of Mr.K.Hari Prasad Reddy (Compared with the original) Ex.P8 Photocopy of the share certificate holding shares in KCP Sugar and Industries Corporation Limited standing in the name of Mr.K.Hari Prasad Reddy (Compared with the original) Ex.P9 Photocopy of the share certificate holding shares in the KCP Limited standing in the name of Mr.K.Hari Prasad Reddy (Compared with the original) Ex.P10 Photocopy of the share certificate holding shares in Chennai Super Kings Cricket Limited standing in the name of Mr.K.Hari Prasad Reddy (Compared with the original) Ex.P11 Affidavit of assets showing the net value of the estate as Rs.8,48,59,397/- Ex.P12 Certified copy of the sale deed dated 10.07.1986 issued by the Joint Sub Registrar, Kovur along with its English translation.

Ex.P13 Photocopy of Aadhar Card. (Original is produced, compared and returned to the petitioner's counsel) 4/5

K.KUMARESH BABU, J.

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