Simon Goldring v. State of Delhi

1. Petitioner has filed this petition under Section 228 of the Indian Succession Act, 1925 (hereinafter referred to as „the Act‟) for grant of Letter of Administration in respect of properties of Late Dr. (Miss) Ameya Deva D/o Shri Satyendra Chandra R/o Glenavon Lodge, Lansdowne Road, South Woodford E18, 2BE, United Kingdom.

2. It is alleged that Dr. (Miss) Ameya Deva (hereinafter referred to as the „Testator‟) had left behind a Will dated 15th October, 2009 read with first Codicil to the Will dated 27th July, 2010. She died on 6th January, 2011 in United Kingdom. She left behind her brother, sister, nephew and niece as detailed in para 1 of the petition. Petitioner-Simon Goldring was appointed as one of the 2013:DHC:2423 named executors of the aforesaid Will. The signatures of the Testator on the Will dated 15th October, 2009 were duly attested by John Ellison Collins and Baladeb Banerjee. Signatures of the Testator on the first Codicil dated 27th July, 2010 were duly attested by Perin Pocha and Sharon Healy.

3. Petitioner filed a petition for grant of probate before the High Court of Justice, District Probate Registry at Winchester, United Kingdom wherein vide order dated 28th June, 2011and the said Court granted probate in respect of the Will dated 15th October, 2009 as well as First Codicil to the Will dated 27th July, 2010 of the Testator. Need for filing the present petition has arisen since Testator had left behind securities as detailed in Schedule „A‟ to the petition within the jurisdiction of this Court. It is, thus, prayed that letter of administration in respect of immovable properties of Testator-Dr. (Miss) Ameya Deva, as detailed in Schedule „A‟ of the petition, be granted.

4. Notice of the present petition was issued to the legal heirs of Testator as detailed in para 1 of the petition. Relative nos. 1, 3 and 4 did not appear despite service and were proceeded ex-parte. As regards relative no. 2, he gave no objection to the grant of probate. Citation was also published in the newspapers „Statesmen‟ Kolkata Edition and „Times of India‟, Multi City Edition. However, none from the public has come forward to file any objection against the grant of letter of administration to petitioner.

5. Relevant it would be to refer to Section 228 of the Act, at this stage which reads as under:- “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 attached.”

6. A bare perusal of aforesaid provision makes it clear that if a petition is filed under Section 228, original Will need not to be produced since it has been deposited in some other court where probate has already been granted. Letter of administration has to follow if probate is granted by a court of competent jurisdiction situated beyond the limits of India. The only care and caution to be taken before issuing letter of administration under this provision is that the court has to satisfy itself that copy produced before it answers the description under Section 228 of the Act.

7. In his affidavit petitioner has deposed in line with the averments made in the petition, inasmuch as, has annexed copy of probate granted by the High Court of Justice, District Probate Registry at Winchester, United Kingdom. Copy of death certificate has also been placed on record. It may be noted that in similar circumstances a Single Judge of this Court in Test Cas. 26/2005 titled Dharamvir Sharma vs. State & Ors. has granted letter of administration under Section 228 of the Act in respect of the immovable properties of the Testator, in terms of the Will, on the basis of probate granted by the High Court of Justice, District Probate Registry at Birmingham, United Kingdom.

8. I do not find any impediment in granting the letter of administration to petitioner. Accordingly, I accept the probate of Will dated 15th October, 2009 as well as First Codicil to the Will dated 27th July, 2010 of the Testator- Dr. (Miss) Ameya Deva granted by the High Court of Justice, District Probate Registry at Winchester, United Kingdom and grant letter of administration in respect of the properties as detailed in Schedule „A‟ to the petition, which is marked as Mark C-1, subject to valuation, to be obtained by this Court and the petitioner paying requisite court fee, on the basis of valuation on such deposits and furnishing administration and surety bond.

9. Petition is disposed of in the above terms. A.K. PATHAK, J. MAY 09, 2014