✦ High Court of India · 26 Mar 2025

The High Court · 2025

Case Details High Court of India · 26 Mar 2025

srinivas siddanati,, s/o rate s.v.Ramanamu(hy, H. No.16-2-700/c. llr froor, Beside lvladhurasmrithi Apa(ment, Anandnagar, New ftIalakpet, Hyderabad 5OO 036. AND ...PET|T|ONER

1. Smt.Manga Raju Siddanati,, w/o late S.V. Ramanamurthy, D.No. 2_19t4, (plot 19, lZZl, Surajnagar Colony, Rangannaguda, Turkayamjal, Hayathnagar_ 501510 @ Smt.Manga Raju Siddanati, w/o late S.V.Ramanamurthy C/o Shyamsunder, Siddanati, Flat No. 504, V ftoor, Vijayakrishna Residency, (plots No.20 and 21), Opp. GHI\/C Park, APHB Colony, lDpL Township, Balanagar, Hyderabad - 500 037.

2. Smt.G.lndira,, w/o G.S.S.Kumar, H.No.10-3-100, (70lB),Near GHMC park, 3. Smt-Bharathi Kodem, w/o Prasad Kodem, 605, Block -10, Zenith Sun city Teachers' Colony, East Marredpally,secunderabad - 500 026. Apartment, Sarjapur Outer Ring Road, lndian Oil petrol Bunk, lblur, Bullindur, Bengaluru (South), Bengaluru - 50 .,l03.

4. Shyamkumar, Siddanati, S/o late S.V.Ramanamurthy, Flat No. 504, V floor, Vijayakrishna Residency, (Ptots No.20 and21), Opp GHMC park, ApHB Colony, IDPL Township, Balanagar, Hyderabad - 5OO 037. 5. Master Pranay Siddanati,, S/o, Srinivas Siddanati, H. No.16_2_700/C. Ill floor, Beside [Vladhurasmrithi Apartment, Anandnagar, New Malakpet, Hyderabad _ 500 036. 1,f

6. Kum .C .K.K.Tanmayee, D/o. Ch.Venkataraman, Flat No.301, Srinilaya - Apartment, Plot No.30, Vishnupriya Extension, Road No.1, near Bajrang Stores, Malkajcliri, Secunderabad - 500 047

7. State of Telangana,, represented by Principal Secretary I Regn.and Stamps), Government of Telangana, Secretariat, Hyderabad. 8. Whomsoever it concerned, ln the State of Telangana. ...RESPONDENTS lA NO: 1 OF 2023 Petition under Section 15'1 CPC praying that in thd cirr;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to petition for grant of probate orders and letters of administration returned vide O>P>S.R.No.6485 and R.S.S. R.Nos.10645 of 2023 by the Court of the Principal District Judge, Ran,lareddy District at L.B.Nagar may be remitted back to consider the same arrd dispose at their end. Counsel for the Petitioner: SRI G. SAI BABA Cdunsel for the Respondent No.2: SRI K. SANGAN NAIDU The Court made the following: ORDER THE HON'BLE SMT. JUSTICE P. SREE SUDI{A CIVIL REVI SION PETITI ON No.2714 OF 2023 ORDER: This Civil Revision petition is frled aggrieved by the order of the trial Court in SR.Nos.6484 and 10645 of 2023.

2. Heard both sides. perused the record

3. SR.Nos.6484 and 10645 of 2023 were frled under Section 276 (2) of Indian Succession Act, 1925 seeking grant of probate and letters of administration over the petition schedule property.

4. Learned counsr:l for petitioner Stated that according to Section 2 of the Indran Succession Act, l92S probate means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator. Granting of probate means nothing but a decree passed by a competent Court declaring the legality or correctness and genuiness of the r.l,ill of the deceased. It is mandatory for the people staying within and without territories of erstwhile presidential towns of Bombay, Calcutta ald Madras for the properties within the geographical territories of respective presidential towns. The testamentar5r document is admissible unless probate orders or letters of administration by a competent court are issued. The District Judge is competent l I I if the testator last resicled within the territorial jurisdiction and the properties iere situated within the territorial limits of the District, but High Court is vested with concurrent powers if the properties are situatecl in more than one district or even otherwise under Section 273 and' proviso therqto of the Indian Successiou Act

5. Petilionel stated that he Iiied the petition lor grant of probate in respect of the estate of his younger brother' late Trinadha Nagat Sudhakar, aged 49 years He further stated that his lrounfler brother, executed a wiil during his lile time ten days before his death, he bequeathed his 3state in the manner specified in his last and frnal will dated 2-2 OB'2O22 tn a sound. state of mind' in the presence of tll'o wit nesses and he expired ttr, ()1.O9.2022' He gave the details o[ propertics mentioned in the u'i11 and further stated that he' is the eldest son followe<l by four siblings i'e', two younger sisters and two younger brothers and younger brother is testator' He listed respond.ent Nos.2 to 5 and aiso 6 and' 7 as necessary parties and respondent No'B is in general and at large' 'Iestator \vas a Grad.uate of Mechanical trngineering ar-rd he rvas in United States trl pul sue this employment career and rerturned after a short period of stal' The properties bequeathed are self acquire<l by the testator out of savings after his liveiihood expenses. The testator was a patient with Chronic Liver Disease and Chronic Kidney Disease and he was admitted in the hospital in the month of August, 2022 and, was under treatment for a period of one month and ultimately expired in the hospital on 1$ September, 2022. As on the date of his death, he was aged 49 years old as he was born on i8.O6.1973, but was not married due to his health conditions, as such he has no progeny or heirs.

6. Petitioner filed the application for grant of probate within one vear from the date of cleath of the testator and also gave the permanent address of the testator u,here he lastly resided and he filed the detaiis of immovable properties bequeathed in the testament or will and thus requested the Court to grant probate in his favour to appoint him as sole administrator of the immovable properties bequeathed in his favour by the testator.

7. Admittedly, in this case, deceased was petitioner's younger brother and he executed his last u,ill ten days before his death in favour of petitioner who is elder brother and the properties are self-acquired by the testator. Sale deeds are filed before the Court and apart from that his siblings and mother are parties to the petition. The details of the properties are also mentioned in the petition as A, B and C. It is further contended that as the properties are situated at different I t l districts, he approached this Court and thus th is Court is also having concurr{'nt po\vers' Therefore, this Court Iinds that it is just and rr-'asolrable to grant probate in favour of petitioner for the ri,ill execut.cl bl the younger brother of the pet.itioner hert:in on 22.08.20'22 arlcl to appoint him as soie administrator of the estates/ immovable properties bequeathed in his favour' In the r,.lsult, this Civil Revision Petition is allorn'ed by B. granting ltrobi,te in favour of petitioner for the r't'i[l executed by the younger brother of the petitioner herein ot 22'08 2022 and also appoinlrng l-rim as sole administrator of the estates/immc,i able properties bequeathed in his thvor-rr' There shnll be Ito ot' ler as to costs' Miscell..neous petitions, if any, pending' shall stand closed. ,/TRUE COPY// SAD so/- A.v.s. P DEPUTY REGI TRAR I SECTION OFFICER To, ThePrincipalDistrictJudge,RangaReddyDistrictatL,B'Nagar .j;:, iffi; i-C sai Ba#, Advocate IoPUCI E'nE;; i; a'i i Sansan Naidu' Advocate [oPUC] 1 2 J 4 Two CD CoPies Plp/gh W HIGH COURT DATED:2610312025 ORDER CRP.No.2714 of 2023 ALLOWING THE C.R.P. 1{'i\ 1i^g STAfg I /" j+ a' 22 APf, zffi v 'l (,'j L 7, \i\ 1ji-t-. irSi --=--.- (jt\rl'

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