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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P. Sandesh, J
Mr. Paul Mahinthan Aruliah, Son Of Mr. Percy Aruliah And Ors. - Petitioners
Versus
Nil – Respondent
PROB. C.P. NO.25 of 2023
Decided On : 04-07-2025
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 Wales, Harlow, United Kingdom, in respect of the Estate of Daniel Casmir Sylverius Sequeira also known as Daniel Casmir Sequeira who died intestate on 31st December 2020 and he was residing at 23, Salem Place, Croydon, CR0 1AQ, United Kingdom at the time of his death which was his fixed place of his aboard. It is the case of the petitioner that the 1st petitioner was appointed as executor of the Will dated 01.07.2014 and made an application for grant of probate of the Will and administration of estate of Daniel and obtain an order of probate vide order dated 04.03.2022 on the last Will and the same was proved and registered before the High Court of Justice. It is also stated in the petition that the testator owns a immovable property bearing apartment No.203 bearing PID No.85-32-43/7 , in Spectra Floris, Municipal No.43,(old No.67), Charles Campbell Road, Cox Town, Bengaluru and also described in the affidavit of assets annexed to this petition which requires to be transferred to the estate of the testator for which the petitioner was appointed as an executor and hence, he needs to obtain extension of grant of letters of administration with authenticated copy of the Will dated 01.07.2014 in the High Court of Karnataka, Bengaluru.
3. It is also contended that the testator had bank accounts in State Bank of India, St. Mark’s Road Branch, Bangalore which requires to be transferred to an Estate Account to be opened in the name of testator for which the petitioner is also an executor needs to obtain extension of grant of letter of administration and amount standing to the credit of the bank accounts of the testator is evident from the letter issued by the bank dated 03.10.2023. It is also the case of the petitioners that testator had a Demat account in Kotak Securities Ltd and profits from the sale of shares in the Demat account are requires to be transferred to an estate account to be opened in the name of the testator for which the petitioner as an executor needs to obtain letters of grant of administration. The amount of assets which are likely to come to the hands of the petitioner as executor and the same does not exceeds in aggregate the sum of Rs.5,16,54,516.96/- and in terms of the last Will, the other petitioners who have been brought on record also beneficiaries and also petitioners undertake to pay the maximum Court fee as per the Court Fee and Suit Valuation Act, 1958 for grant of letters of administration.
4. It is also contended that the petitioner claims extension of grant of letter of administration in respect of the Will and immovable properties which have been in the Annexure-A in the affidavit of assets. The petitioner also as executor of the Will undertakes to duly administer the property of the said testator and also undertakes to file fu
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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