Sh. Rishi Kumar v. State & Anr.

1. The present petition has been filed under Section 228 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’) seeking letter of administration in respect of the Will dated 08.01.2013 executed by the testatrix late Smt. Ratna Devi.

2. The learned counsel for the plaintiff submits that the probate has already been granted with regard to the said Will vide judgment dated 30.10.2019 passed by the Court of Additional District Judge – 05, Central District, Delhi.

3. He invites the attention of the Court to the aforesaid judgment to contend that the letter of administration was however not granted to the petitioner for the reason that the estate affected was beyond the limits of the state and was exceeding an amount of Rs. 10,000/-. The relevant part of the judgment reads thus: “28.Though, according to Section 270 of the Indian Succession Act, it can be said that this court has the jurisdiction to entertain the present petition PC No.13/18 Rishi Kumar vs. State & ors. filed for seeking probate (Letters of Administration) as the deceased Testator had a fixed place of abode in Delhi but Section 273 proviso provides that a District Judge can grant Probate or Letters of Administration as the case may be only in a case the value of property and estate beyond the limits of the jurisdiction of a court does not exceed Rs.10,000/. The said Section reads as under:

273. Conclusiveness of probate or letters of administration - probate or letters of administration shall have effect over all the property and estate, movable or immovable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding properly which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probate and letters of administration granted (a) by a High Court, or (b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless otherwise directed by the grant, have like effect throughout the other States.”

29. In view of the foregoing discussion, it can therefore be concluded that this Court does not have the jurisdiction to grant Letters of Administration to the petitioner in respect of the properties i.e. bank deposit and FDR in UCO Bank, Dhauli Piau Branch, Mathura, U.P. as referred to in the petition. I am accordingly declining to grant Letters of Administration in respect of the same.

4. However, liberty was granted to the petitioner to approach the Court of competent jurisdiction for grant of letter of administration under Section 228 of the Indian Succession Act, 1925 on the basis of authenticated copy of the Will dated 08.01.2013. At the same time, an authenticated copy of the Will was directed to be provided to the petitioner for enabling the petitioner to approach the Court of competent jurisdiction.

5. Sequel to above, the present petition has been filed by the petitioner under Section 228 of the Indian Succession Act, 1925. A perusal of paragraphs 18 and 19 of the aforesaid judgment shows that the Will has been proved by the Attesting witness. Even the finding has also been recorded in para 30 by the Additional District Judge that Will in question stands proved. The relevant paragraphs 18, 19 and 30 reads as under:

Will being executed in the manner prescribed under section 63 of the Indian Succession Act.

19. Testimony of one of the attesting witnesses i.e. PW[3] Sh. Yogender Pal was recorded in the Court. Like it has been stated before, he had identified his signature on the Will Ex.PW1/1 at point A[1] and that of deceased testatrix Smt. Ratna Devi at point B[1]. He had further deposed that the Will was signed by him as a witness along with another witness Sh. Hari Ram in the presence of late Smt. Ratna Devi and she had also signed her Will in their presence. xxx xxx xxx xxx

30. Though this Court may not have jurisdiction to entertain the present Petition to grant Letters of Administration in respect of the properties referred above but it may be stated here at the same time that it does not prevent the petitioner from approaching the court of competent jurisdiction for the grant of Letters of Administration u/s 228 of the Indian Succession Act on the basis of authenticated copy of the Will dated 08.01.2013, considering that it has been held that the said Will stands proved in this case.”

6. I have heard the submissions of the learned counsel for the petitioner. In view of the provisions of Section 228 of the Indian Succession Act, 1925 the letters of administration can be granted to the petitioner without leading any evidence. Section 228 of the Act reads as under:

7. The purpose of Section 228 is to dispense with the need to produce and prove the original Will when the same has already been proved and deposited in a Court of competent jurisdiction. Thus, Section 228 enables the Court to grant letters of administration with a copy of Will if the Will has already been proved and deposited in a Court of competent jurisdiction.

8. In the present case the Will dated 08.01.2013 has been proved before the Court of Additional District Judge and the same is lying deposited in the said Court. Even the probate has also been granted with regard to the said Will vide aforesaid judgment dated 30.10.2019. Therefore, the present petition can be allowed and letter of administration can be granted to the petitioner on the basis of an authenticated copy of the Will dated 08.01.2013 which has been filed by the petitioner alongwith the present petition and is available in the file of this Court.