Petitioner sought Letters of Administration under Section 228 of the Indian Succession Act, 1925 regarding a foreign-proven Will. Court allowed petition granting administration based on authenticated copy of Will proved in UK High Court.
Petitioner granted Letters of Administration in respect of Flat No.20, Dakshineshwar, and moveables.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus STATE ..... Respondent Through None.
CORAM: HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J.(ORAL)
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TEST.CAS. 19/2017
Executors and Trustees of the said Will. It is stated that as per the said Will, in view of the death of the mother of the testator, the trustee would sell her properties and the proceeds from the sale of her properties, after deduction of her debts, funeral and testamentary expenses would go for charitable purposes of the Maria Nisha Jeanne Alvares Meneses Scholarship at St.Mary's Convent, Cambridge. The said Will further provides that in the event no disposition of estate is possible to Maria Nisha Jeanne Alvares Meneses Scholarship at St. Mary's Convent, Cambridge, then her Trustees shall apply the same for charitable purposes of the Models for Rural Development, c/o Jean Gimpel r/o Flat 5,11 Chelsea Embankment London SW3 4 LE.
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TEST.CAS. 19/2017
“228. Administration, with copy annexed, of authenticated copy of Will proved abroad.—When a Will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of [India], and a properly authenticated copy of the Will is produced, letters of administration may be granted with a copy of such copy annexed.”
“8. The Will has already been proved in the Foreign Court of competent jurisdiction and the only requirement stipulated under section 228 of the Act for seeking letter of administration is that the petitioner has to file authenticated copy of the Will dated 12.3.2008. In Dharamvir Sharma v. State & Ors., 148 (2008) DLT 149, this court held as follows:
“7. The object of section 228 is to dispense with the need to produce the original will owning to its deposit in some other Court. The order under this provision is not like section 276; however, its ancillary to a grant made by a competent court. Before making an order on such application, the court has satisfy itself that the copy produced before it answers the description in section 228.”
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TEST.CAS. 19/2017
moveables lying therein subject to the petitioner paying the requisite court fees on the valuation as done by the SDM, Chanakyapuri, New Delhi and upon furnishing administration and surety bond. The Registry will issue Letter of Administration on his depositing the stamp duty as per law.
JAYANT NATH, J.
OCTOBER 01, 2018/v
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TEST.CAS. 19/2017
2 issues framed by the court
Whether letters of administration can be granted under section 228 of the Indian Succession Act, 1925 when a Will proved abroad is authenticated.
Whether the petitioner is eligible for grant of Letters of Administration in absence of the original Will after foreign court proof.
Colour shows how this judgement treated each authority
Narain Malik v. StateFollowed¶15
Narain Malik v. State, 245 (2017) DLT 423 · Who else cites this
Dharamvir Sharma v. State & Ors.Followed¶21
Dharamvir Sharma v. State & Ors., 148 (2008) DLT 149 · Who else cites this
2 provisions across 1 enactments
MARK DOUGLAS HOLFORD
STATE
JAYANT NATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
