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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.Sandesh
Paul Mahinthan Aruliah, Son Of Mr. Percy Aruliah – Appellant
Versus
Nil – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court granted an extension of the letters of administration for the estate of a deceased individual based on a Will executed overseas, which was proved and registered in England. The extension was sought to facilitate the administration of both immovable and movable properties included in the estate (!) (!) .
The estate's value is approximately Rs. 5,16,54,516.96, comprising bank accounts, real estate, and Demat account holdings. The petitioner, appointed as executor, undertook to fully administer the estate, including filing inventories and true accounts within specified timeframes (!) (!) .
The probate granted by a competent foreign court is deemed conclusive under applicable law, and no evidence to impeach its validity was admitted, as the probate remains unrevoked (!) (!) (!) .
The petitioner provided all necessary affidavits, executed powers of attorney, and produced relevant documents, including the original probate, testator’s death certificate, and details of the estate assets, confirming their authority and the validity of the Will (!) (!) .
The court emphasized that a properly authenticated foreign probate is conclusive regarding the validity of the Will, and the current proceeding was only for the extension of the grant of letters of administration, not for re-proving the Will (!) .
The court noted that the right to seek extension of the grant of letters of administration is a continuous right, exercisable as long as the right survives, especially when the Will has been proved in a competent jurisdiction beyond India (!) .
The order included specific directives: the petitioner must file an affidavit of assets within one month, exhibit a full inventory within six months, and render a true account within one year from the date of the extension order (!) (!) (!) .
The petition was allowed, and the extension of the grant of letters of administration was granted under the relevant statutory provisions, confirming the petitioner’s authority to administer the estate in accordance with the Will (!) (!) (!) .
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| Table of Content |
|---|
| 1. grant of letters of administration based on will. (Para 2 , 3 , 4) |
| 2. application for letters of administration based on a will. (Para 5 , 7) |
| 3. probate validity and continuity of administration. (Para 6 , 8) |
| 4. validity of previously granted probate governs the current proceedings. (Para 9 , 11) |
| 5. conclusive nature of probate from competent court. (Para 10 , 12 , 13) |
| 6. granting of extension for administration. (Para 14) |
| 7. order granting extension of letters of administration. (Para 15) |
ORDER :
H.P. Sandesh, J
1. Heard the learned counsel for the petitioners. This petition is filed under Part IX, Chapter I ( Section 228 ) of the Indian SUCCESSION ACT of 1925.
2. This petition is originally filed by the executor through power of attorney holder based on the power of attorney dated 04.09.2023 and subsequently other beneficiaries are added to this petition by virtue of the order passed by this Court. They also represented through very same power of attorney holder. This petition is filed for grant of extension of letters of administration on the authenticated copy of the Will dated 01.07.2014 which is proved and registered before the High Court of Justice, England and Wa
The court held that previously granted probate from a competent foreign court is conclusive under Section 228 of the Indian Succession Act, enabling the extension of letters of administration without....
Letters of Administration may be granted for a foreign will if authenticated copies are provided, and there are no objections contrary to the law.
The delay in seeking probate does not necessarily warrant denial, and the jurisdiction for probate or letters of administration is determined by the location and value of the properties, as per the I....
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
The universal legatee has the first right to seek a grant of Letters of Administration when the deceased has made a Will but has not appointed an Executor.
In cases involving letters of administration, substitution of parties is permissible to avoid unnecessary delays and multiplicity of litigation, particularly when the original petitioner has passed a....
A proceeding for grant of Letters of Administration under Section 278 of the Indian Succession Act can continue despite the death of executors, as the provisions governing probate do not apply.
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