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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
Lalitha Venkataramani, W/o. Late Mr. Narayanan Venkataramani - Petitioner
Versus
Anitha Iyer Kothari, D/o. Late Venkatramani - Respondent
Original Petition No.839 of 2023
Decided On : 02-01-2025
| Table of Content |
|---|
| 1. granting of letters of administration (Para 1 , 2 , 3) |
| 2. requirements and validation of the will under indian law (Para 4 , 5 , 6) |
| 3. issuance of letters of administration with terms (Para 7) |
ORDER :
This petition has been filed under Sections 228 and 276 of Indian SUCCESSION ACT , 1925 read with Order XXV, Rule 5 of ORIGINAL SIDE RULES in respect of the Will of Late.Narayanan Venkataraman, dated 28th January, 2016. The testator, a resident of New York, United States had executed the will at State of New York and after his demise on 18/09/2022, the wife of the testator appointed as the Executor of the Will had applied to the Surrogate’s Court of the State of New York, Queens County and obtained Certificate of Appointment of Executor in accordance with the law of that State. Although the certificate of probate was issued by the Surrogate's Court at New York, as required under the law of that State, the original will is retained and receipt issued by the Surrogate’s Court acknowledging the receipt of the original Will.
2. The petition is filed under Section 228 of the Indian SUCCESSION ACT , through a power agent by the wife of the testator, the named Executor of the Will. Since some properties of the testator, both immovable and securities, are located at Chennai.
3. The respondent is the daughter of the late Venkataramani. She has filed her consent affidavit to grant Letters of Administration in favour of Lalitha Venkataramani, W/o.Venkataramani. The paper Publication inviting objections, if any, to the grant of letters of administration in favour of the petitioner did not evoke any response. The power agent for the petitioner has deposed before the Court through a proof affidavit and the following documents marked as Ex.P.1 to Ex.P.20 are relied for the grant of Letters of Administration.
| Exhibits | Documents |
| Ex.P.1 | Certified copy of the probate dated 27.12.2022 passed by Surrogate's Court of the State of New York along with the Will and Testament executed by Mr.Narayanan Venkataramani on 28.01.2016 |
| Ex.P.2 | Photocopy of the receipt for filing of Will for safe keeping issued by Queens Country Surrogate's Court |
| Ex.P.3 | Photocopy of the death certificate of Mr.Narayanan Venkataramani |
| Ex.P.4 | Photocopy of the Aadhaar Card of Mr.Narayanan Venkataramani |
| Ex.P.5 | Photocopy of my Aadhaar Card |
| Ex.P.6 | Original power of attorney dated 29.05.2023 executed by the petitioner in my favour |
| Ex.P.7 | Photocopy of the sale deed dated 28.08.1989 executed in favour of Mr.N.Venkataramani |
| Ex.P.8 | Photocopy of the sale deed dated 04.04.2007 executed in favour of Mr.N.Venkataramani |
| Ex.P.9 | Photocopy of the share certificate of Cauvery Electronics Limited bearing certificate No.19249 stands in the name of Mr.N.Venkataramani |
| Ex.P.10 | Photocopy of the share certificate of Chokhani International Limited bearing certificate No.56044 stands in the name of Mr.N.Venkataramani |
| Ex.P.11 | Photocopy of the share certificate of Chokhani International Limited bearing certificate No.33349 stands in the name of Mr.N.Venkataramani. |
| Ex.P.12 | Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67602 stands in the name of Mr.N.Venkataramani. |
| Ex.P.13 | Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67603 stands in the name of Mr.N.Venkataramani. |
| Ex.P.14 | Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67604 stands in the name of Mr.N.Venkataramani. |
| Ex.P.15 | Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17778 stands in the name of Mr.N.Venkataramani along with the letter dated 18.01.1992. |
| Ex.P.16 | Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17779 stands in the name of Mr.N.Venkataramani. |
| Ex.P.17 | Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109664 stands in the name of Mr.N.Venkataramani. |
| Ex.P.18 | Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109665 |
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 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 granted upon establishment of legal heir status and valid execution of a Will under the Indian Succession Act, 1925.
The court affirmed that a validly executed will, unopposed by other heirs, establishes rightful claim to the deceased's estate under the Indian Succession Act.
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