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NC: 2024:KHC:38023
PROB.CP No. 17 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
PROBATE CIVIL PETITION NO. 17 OF 2021
BETWEEN:
SRI. MOHAN REDDY
S/O LATE T RAJASHEKAR REDDY
AGED ABOUT 22 YEARS,
R/AT NO.1300/C, I MAIN,
1 CROSS, HAL 3RDSTAGE
NEW THIPPASANDRA
BENGALURU-560075. …PETITIONER
(BY SRI. GOUTHAM M., ADVOCATE)
AND:
1. R. BHAVITHA
D/O LATE T RAJASHEKAR REDDY W/O S CHANDRASHEKAR
AGED ABOUT 35 YEARS,
R/AT NO.206, BOREWELL ROAD 1ST'A' CROSS,
WHITEFIELD, BENGALURU NORTH
BENGALURU-560066.
2. R. LAVANYA
D/O LATE T RAJASHEKAR REDDY W/O NAVEEN REDDY
AGED ABOUT 31 YEARS,
R/AT NO.B-022
2NDFLOOR, 'B' BLOCK,
LIVING WALLS APARTMENT
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HORAMAVU MAIN ROAD
BENGALURU-560043.
3. R. LAKSHMI
D/O LATE T RAJASHEKAR REDDY
AGED ABOUT 29 YEARS
R/AT NO. SR NO.259/1A/R,
AZAD NAGAR,
LOHEGAON
PUNE-411032.
4. R. MEGHANA
D/O LATE T RAJASHEKAR REDDY W/O MAHENDRA REDDY
AGED ABOUT 24 YEARS
R/AT NO.E 116, SVS NILAYA,
GOVERNMENT SCHOOL ROAD,
DODDATHOGURU ELECTRONIC CITY
BENGALURU-560100.
…RESPONDENTS
(BY SRI. P. FREUD RICHARDSON, ADVOCATE FOR
R1, R2 AND R4;
V/O DATED 30.09.2022 R3 IS HELD SUFFICIENT)
THIS PROB. CIVIL PETITION HAS BEEN FILED UNDER
PART IX (SECTION 278 & 300) OF THE INDIAN SUCCESSION
ACT, 1925 PRAYING TO GRANT LETTERS OF ADMINISTRATION
TO THE PETITIONER, AND PERMIT THE PETITIONER TO
ADMINISTER THE PROPERTIES AND CREDITS OF THE
DECEASED T. RAJASHEKAR REDDY AND THE SAME TO HAVE
EFFECT THROUGHOUT THE UNION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR DICTATING ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. This petition is filed under Section 278 and 300 of the Indian Succession Act, 1925, seeking grant of letters of Administration to the petitioner - Sri. Mohan Reddy, in respect of the properties and credits of the deceased T. Rajashekar Reddy.
2. It is the case of the petitioner that, the deceased T. Rajashekara Reddy is the father of the petitioner and respondent Nos.1 to 4, who died on 06.04.2021 at Vikram Hospital, Bengaluru and copy of the death certificate is produced at Annexure-B. It is further stated in the petition that the father of petitioner and respondent Nos.1 to 4, died leaving behind his last Will and Testament dated 21.10.2020(Annexure-A). The execution of the said Will was attested by Sri. Manjunath G., son of Guruswamy, and Sri. Venugopal, son of Puttappa and these two witnesses have filed affidavit before this Court and the same is enclosed along with the petition. It is the case of the petitioner that, except the petitioner and respondent Nos.1 to 4, there are no other legal
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heirs for deceased T. Rajashekara Reddy. Perusal of the Will dated 21.10.2020 at Annexure-A envisages bequeath made in favour of the petitioner and respondent Nos.1, 2 and 4 herein.
3. It is forthcoming from the record that petitioner has taken substituted service of notice to respondent No.3 and service to respondent No.3 is held sufficient.
4. It is forthcoming from the record that the petitioner had taken citation in "The Hindu", English daily newspaper, Bengaluru Edition and also in 'Udayavani' Kannda daily newspaper, Bengaluru Edition on 03.08.2022 and no one has appeared before this Court opposing the petition nor filed objection to the present petition. Under these circumstances, there is no legal impediment for granting the letters of Administration as prayed for in the petition.
5. It is also to be noted that, as observed above, learned counsel appearing for the respondent Nos.1, 2 and 4 submitted that the respondent Nos.1, 2 and 4 have no objection for grant of letters of Administration in favour of the petitioner for administration of the estate of the deceased T. Rajashekara Reddy, and in this regard said respondents have filed individual
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affidavits. In view of the same, petitioner is entitled to letters of Administration to administer the properties left behind by the deceased. Accordingly, the following:
ORDER
(i) The petition stands disposed of.
(ii) The letters of administration to administer the properties and credits of the deceased is granted to the petitioner subject to the condition that the petitioner shall file an undertaking to exhibit a full and true inventory of the assets of the deceased - T.Rajashekara Reddy within six months from the date of grant and to submit a true account of the said assets within one year from the said date.
(iii) On payment of stamp duty that is provided, the Registry shall draw the letters of administration in favour of the petitioner, subject to the petitioner filing an administration bond with two sureties.
SD/-
(E.S.INDIRESH)
JUDGE
sac List No.: 1 Sl No.: 62
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