K. Prasuna v. Pradeep Kumar and Another

ORDER This petition has been filed under Sections 232 and 276 of the Indian Succession Act to grant Letters of Administration to the petitioner to the estates and credits of the deceased having effect limited to the State of Tamil Nadu.

¶2According to the petitioner, the testatrix Mrs.K.Yamuna Devi, died on

24.10.2014. The said Yamuna Devi is the wife of K.Venkatarama Reddy and he died in the year 1997. The said K.Yamuna Devi and her husband had two sons and one daughter, namely, Dilip Kumar @ Dileep Kumar, Pradeep Kumar and Lalitha Reddy, as their her legal heirs. The petitioner is the wife of Dilip Kumar @ Dileep Kumar and daughter in law of the deceased testatrix and the said Dilip Kumar @ Dileep Kumar died on 25.07.2021. The testatrix Mrs.Yamuna Devi owned the petition mentioned property. The testatrix executed a Will dated 27.07.2004 to her son, Dilip Kumar @ Dileep Kumar Reddy, the petitioner, daughter-in-law and to her grand son, viz, Karthik Kumar, giving only life interest to her son, Late Dilip Kumar @ Dileep Kumar Reddy and his wife, the petitioner herein during their life time, without any Page3 of 7 powers of alienation. After their life time, her grandson, viz., Karthik Kumar shall enjoy the said properties with all powers of alienation.

2.1. Also, in the Will, the testatrix had specifically stated that her second son, namely, Pradeep Kumar, viz., 1st respondent is well settled at Nellore and her daughter, viz., 2nd respondent also settled at USA, therefore, the testatrix had clearly stated in the Will that she is not providing any movable or immovable property to the respondents. The last Will and testament executed by the deceased was on 27.07.2004. Further, the said Dilip Kumar @ Dileep Kumar Reddy, who is the son of the testatrix and husband of the petitioner and the said Karthik Kumar, grand son of the testatrix and son of the petitioner, executor of the Will died on 25.07.2021 and

17.12.2022 respectively. Therefore, the petitioner and the respondents are the only surviving legal heirs and there is no other next of kin to the deceased. The net amount of the assets would come around Rs.72,68,00/-. There are no other next of kin to the deceased except the petitioner and the respondents. The petitioner is the sole beneficiary of the Will dated

27.07.2004.

¶3After filing of this petition, this Court directed the petitioner to effect paper publication in any one of the issue of Tamil Daily and also in English daily and the paper publication was also effected and there is no any objection Page4 of 7 from any party. Thereafter, the case was posted for recording evidence and the evidence was also recorded. On the side of the petitioner, PW1 and PW2 were examined and Ex.P.1 to Ex.P.14 were marked.

¶4The petitioner herein, was examined as PW1. She has deposed that she is the daughter-in-law of the deceased K.Yamuna Devi and reiterated the petition averments. PW2 is the first attesting witness in the Will. She has deposed that the testator had executed a Will dated 27.07.2004 and she was also present along with the testatrix at the time of execution of Will. She has also identified the signatures of the attestor and testatrix in the Will. A perusal of evidences of PW1 and PW2 and Ex.P.1 to Ex.P.14 revealed that the petitioner and the respondents are the legal heirs of the deceased and no any objection has been raised either by the respondents or any other party to grant letter of administration to the petitioner. Therefore, the petitioner, through the evidences and documents, has amply proved the execution of Will. Therefore, the petitioner is entitled to the relief as prayed for in the petition.

¶5Therefore, this Original Petition is allowed and Letter of Administration, to the estates and credits of the deceased Mrs. Yamuna Devi in favour of the petitioner, is granted.

¶6Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the Page5 of 7 deceased more fully described in the schedule. The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The petitioner is further directed to render true and correct accounts once in a year.

12.02.2026 Index :

Speaking Order : ssd APPENDIX: List of Petitioner side Witnesses: PW1 : Mrs. K.Prasuna PW2 : Mrs.R.Sudha Majari List of Petitioner side Documents: Exhibit No. Date Description of Documents. Ex.P.1. 27.07.2004 Original Last Will and Testament executed by Mrs.K.Yamunadevi Ex.P.2 26.05.1993 Photocopy of the Sale deed dated

26.05.1993 executed in favour of Mrs.K.Yamunadevi (Compared with the original) Ex.P.3 - Computer generated death certificate of Mrs.Katamreddy Yamuna Devi Ex.P.4. - Computer generated Death Certificate of Mr.Dilip Kumar Kattamreddy Ex.P.5 - Computer generated death certificate of Mr.Kattamreddy Karthik Kumar Page6 of 7 Ex.P.6 - Computer generated family member certificate of Mrs.Yamuna Devi Katamreddy Ex.P.7 - Computer generated family member certificate of Mr.Kattamreddy Karthik Kumar Ex.P.8 - Photocopy of Aadhar card of the petitioner Ex.P.9 - Downloaded copy of the guideline value of the property Ex.P.10 - Affidavit of assets showing the net value of estate as Rs.72,68,000/- Ex.P.11 27.09.2025 Copy of the Paper Publication effected in one issue of Tamil Daily 'makkal Kural' Ex.P.12 04.10.2025 Copy of the Paper Publication effected in one issue of English daily 'Trinity Mirror' Ex.P.13 - Certificate under Section 63 of BSA for electronic documents Ex.P.14 - Photocopy of Aadhaar card of R.Sudha Manjari, P.W.2 12-02-2026 Index: Yes/No Speaking/Non-speaking order ssd Page7 of 7

P.DHANABAL, J. ssd 12-02-2026

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL K. Prasuna W/o. Late Dilip Kumar @ Dileep Kumar, No.27-2-751, AC Nagar, near vinayaka temple, Nellore, Sri potti Sriramulu Nellore, Andhra Pradesh 524 002. ..Petitioner(s) Vs 1. Pradeep Kumar S/o. Late K.Yamuna Devi, Flat No.204, 2nd Floor Bharath S Leela Tulip, Apartment, 4th Street, Childrens Park Road, Jagadeesh Nagar, Nellore, Andhra Pradesh 524 002. 2. Lalitha Reddy D/o. Late K.Yamuna Devi, H.C.Reddy, 4946 Rochelle Ave., Irvine, California 92604, USA. ..Respondent(s) Prayer: Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 r/w Order XXV Rule 5 of O.S.Rules for Letters of Administration to the petitioner, as daughter in law and legal heirs of beneficiary under the Will of the deceased to have effect limited to the State of Tamil Nadu. Page2 of 7 For Petitioner(s): For Respondents Mr.G.Senthilkumar Notice served – No appearance