Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Dr Justice G. JAYACHANDRAN
Lalitha Venkataramani, W/o. Late Mr. Narayanan Venkataramani – Appellant
Versus
Anitha Iyer Kothari, D/o. Late Venkatramani – Respondent
| 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 t
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....
Section 215 of Act is incorporated with effect of supersession on grant of probate or letters of administration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
