The probate granted by a foreign court is valid in India if it adheres to local laws without needing further legalisation if properly apostilled.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode (physical and virtual hearing).

CM APPL 3988/2021 (Exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

WP(C) No. 1402/2021

3. The present petition has been filed by Dr. Sanjay Khanduja, who was appointed as the Independent Administrator of the estate of one Late Dr. Rakesh Kumar Dhingra, also known as Dr. R.K. Dhingra, who was a resident of Harris County, Texas, USA. Late Dr. Dhingra passed away on 29th January, 2010. He had executed a Will, dated 22nd September, 1981, by which he appointed his mother as the Independent Administrator of his estate. However, since his mother pre-deceased the testator, the Probate Court of Harris County, Texas (hereinafter referred as `Probate Court, Texas'), vide its order dated 15th June, 2010, appointed the Petitioner-Dr. Sanjay Khanduja as the Independent Administrator of the deceased's Will and estate. The operative portion of the said order reads as under:

"On this day came on to be heard the Amended Application For Probate of Will and Issuance of Letters of Independent Administration with the will annexed filed by Balbir K. Dhingra ("Applicant") in the Estate of Dr.R.K.Dhingra (Rakesh K. Dhingra), Deceased ("Decedent").

The Court, having heard the evidence and having reviewed the Will and the other documents filed herein, finds that the allegations contained in the Amended Application are true; that notice and citation have been given in the manner and for the length of time required by law; that Decedent is dead and that four years have not elapsed since the date of Decedent's death; that this Court has jurisdiction and venue of the Decedent's estate; that Decedent left a signed Will dated September 22, 1981, executed with the formalities and solemnities and under the circumstances required by law to make it a valid Will; that on such date Decedent had attained the age of 18 years and was of sound mind; that such Will was not revoked by Decedent; that no objection to or contest of the probate of such Will has been filed; that all of the necessary proof required for the probate of such will has been made; that such Will is entitled to probate; that in the Will, Decedent named Ram Devi Dhingra as Independent Executrix and Neroo Raj as Substitute Independent Executrix, to serve without bond, both of whom predeceased Decedent; that Applicant, the sole devisee under the Will, has designated Dr. Sanjay Khanduja to act as Independent Administrator with the will annexed; that Dr. Sanjay Khanduja is duly qualified and not disqualified by law to act as such and to receive Letters of Independent Administration with will annexed; that a necessity exists for the administration of this estate as it includes residential and commercial properties and two or more debts exist against the estate; and that no interested person has applied for the appointment of appraisers and none are deemed necessary by the Court.

It is therefore ORDERED, ADJUDGED and DECREED that the Will is admitted to probate, and the Clerk of this Court is ORDERED to record the Will, together with the Application in the Minutes of this Court.

It is further ORDERED, ADJUDGED and DECREED that no bond or other security is required and that upon the taking and filing of the Oath required by law, Letters of Independent Administration with will annexed shall be issued to Dr. Sanjay Khanduja, who is appointed as Independent Administrator with will annexed of Decede