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2025 DAILYLAW 78699 (KAR)

MR.ANGIRAS KOORAPATY v. NIL

PROB.CP/24/2024 · 2025-09-03

V Srishananda

body2025

Judgment text

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- 1 - PROB.CP No. 24 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA PROBATE CIVIL PETITION NO.24 OF 2024 BETWEEN: MR.ANGIRAS KOORAPATY S/O LATE VENKATA RAO KOORAPATY, AGED ABOUT 61 YEARS RESIDING AT 12305, AVILES CIRCLE, PALM BEACH GARDENS, FLORIDA 33418, USA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MRS. SRIDEVI KOORAPATY AGED ABOUT 60 YEARS, WIFE OF MR. RADHA KRISHNAN, RESIDING AT GARDENIA, 3RD FLOOR, NO.7-S, 94/1AB, BLUEBEACH ROAD, NELLANKARAI, VTC :INJAMBAKKAM, KANCHEEPURAM-600 115, AND TODAY AT BENGALURU …PETITIONER (BY SRI VIR ANTHONY BRITTO, ADVOCATE) AND: NIL …RESPONDENT THIS PETITION IS FILED UNDER PART IX (SECTIONS 222, 273, 276 AND 300) OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT PROBATE IN RESPECT OF THE PROPERTIES OF MRS.VENKATA RAO KOORAPATY ALSO KNOWN AS KOORAPATY VENKATA RAO(DECEASED), IN COMMON FORM, IN FAVOUR OF THE PETITIONER TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA AS PER THE INDIAN SUCCESSION (AMENDMENT) ACT, 2002 AND ETC., Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - PROB.CP No. 24 of 2024 THIS PETITION HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:- CORAM: HON'BLE MR. JUSTICE V SRISHANANDA CAV ORDER Present petition is filed under Part IX Sections 222, 273, 276 and 300 of the Indian Succession Act, 1925, by Mr.Angiras Koorapaty, with the following prayer: “WHEREFORE, the petitioner respectfully prays that this Hon’ble High Court may: Grant probate in respect of the properties of Mr.Venkata Rao Koorapaty also known as Koorapaty Venkata Rao(deceased), in common form, in favour of the petitioner to have effect throughout the Union of India as per the Indian Succession (Amendment) Act, 2002.” 2. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Mr Venkata Rao Koorapaty, also known as Koorapaty Venkata Rao, S/o late K.V.Subba Rao breathed his last on 30.09.2024 at Bengaluru. The fixed place of abode of the deceased at the time of his death was ‘Pushpahasam’, No.1925, 30th Cross Street, Banashankari II Stage, Bengaluru-560 070. He is said to have executed the last Will and testament in the presence of two witnesses on 04.08.2024. - 3 - PROB.CP No. 24 of 2024 3. The petitioner is the son of late Venkata Rao Koorapaty, and he is represented by Power of Attorney Holder-Mrs. Sridevi Koorapaty. 4. Petitioner claims that he has been appointed as Executor of the last Will and Testament of deceased Venkata Rao Koorapaty also known as Koorapaty Venkata Rao who died on 30.09.2024. 5. Deceased Venkata Rao Koorapaty has left behind the following legal heirs: (i) Mrs. Venkata Ratnam Koorapaty (wife) (ii) Mr.Angiras Koorapaty (Son) (iii) Mrs. Sridevi Koorapaty (daughter) 6. Petitioner claims the probate of movable and immovable properties of deceased Venkata Rao Koorapaty and distribution of the same to the beneficiaries which stand in the name of the deceased Venkata Rao Koorapaty. 7. As per the assets which are left behind by the deceased, the value thereof would not exceed in aggregate in a sum of Rs.15,34,98,955/- (Rupees Fifteen crore thirty four lakhs ninety - 4 - PROB.CP No. 24 of 2024 eight thousand nine hundred and fifty five only) and same is the net value. 8. Petitioner has undertaken to administer the property and credits of the deceased. He has also undertaken to carry out full and true inventory thereof and place the same before the Court after *Probate with regard to the last Will executed by the deceased and sought for approving the Will before the Court. 9. Since there are no respondents in the case, citation was ordered by this Court which was duly published in ‘Udaya Vani’ Kannada daily and ‘The Hindu’ English daily, Bengaluru edition dated 07.12.2024. 10. Pursuant to the said citation, none appeared and objected for grant of *Probate in respect of last Will and testament executed by the deceased. 11. Thereafter, this Court permitted the petitioner to examine one of the witnesses to the Will to prove the Will formally. 12. As such, D.Suryamrao, W/o late Nageswara Rao Dasaka, has been examined as P.W.1. In the absence of any contest, there was no cross-examination. *Corrected vide Court order dated 25.09.2025. - 5 - PROB.CP No. 24 of 2024 13. In view of the fact that no one has appeared pursuant citation in objecting the Will, oral testimony of P.W.1 remains unchallenged. 14. Since Ex.P.1 being last Will and is proved before the Court by examining the witness as P.W.1 viz., Smt.D.Suryamrao, who has also supported the case of the petitioner by deposing before the Court that she has signed the Will as a witness, in the absence of any contest, validity of the Will pursuant to the citation issued by this Court in English and Kannada News papers which is produced along with the Memo, this Court is of the considered opinion that petitioner has made out a case to grant the *Probate. 15. Hence, the following: ORDER (i) The Registry is directed to issue *Probate in the name of the petitioner in respect of estate of late Mr Venkata Rao Koorapaty, also known as Koorapaty Venkata Rao, as per the Will dated 04.08.2024. (ii) The petitioner is further directed to furnish the inventory within six months from the date of grant *Probate and accounts within one year from the said date. *Corrected vide Court order dated 25.09.2025. - 6 - PROB.CP No. 24 of 2024 (iii) Accordingly, this Probate Civil Petition is allowed. Sd/- (V SRISHANANDA) JUDGE kcm