JUDGMENT :

K. RAJASEKAR, J.

1. This appeal has been filed challenging the order of dismissal passed by the Succession Court in Probate O.P. No. 147 of 2019, dated 28.04.2022 wherein, the relief for seeking Ancillary Probate was rejected.

2. The appellant herein is the petitioner in the Original Proceedings and she had come forward with the petition under Section 228 of The Indian Succession Act, 1925, seeking issuance of Ancillary Probate in respect of the Will dated 12.06.2013 executed by Late M.Nagaeswara Rao Mandava.

3. According to the petitioner, the respondent herein is the mother and the testator of the Will is her husband namely Late M.Nagaeswara Rao Mandava, who executed the registered Will, dated 12.06.2013 and died on 04.04.2016 at U.S.A. This Will was also notified by the State of New Jersey, USA on the date of execution, and properties situated in India (scheduled mentioned property) in favour of the petitioner herein. After the death of testator, the appellant has approached the Middlesex County Surrogate's Court, State of New Jersey, USA seeking Executor Certificate and Letters of Testamentary Certificate. After enquiry, the Court has accepted the case of the appellant and issued both Executor Certificate-Ex.P6 and Letters of Administration Certificate-Ex.P7 dated 28.04.2016.

4. Since the properties were situated within the jurisdiction of the Chengalpattu District, the petitioner has filed the present petition seeking Ancillary Probate through a Power Agent namely Srirama Krishnan Rayineedi S/o Baskara Rao.

5. Before the Probate Court, the respondent submitted a ‘No Objection Certificate” by engaging an Advocate on her behalf. After enquiry, the Probate Court dismissed the relief on the ground that the petitioner was not personally appeared, no Will was produced and no steps to prove the Will was taken up by the petitioner in the manner known to law.

6. Aggrieved over the same, the present appeal has been filed by the appellant.

7. The learned counsel appearing for the appellant submitted that the original Will was already probated before the Foreign Court i.e., Middlesex County Surrogate's Court, State of New Jersey and after enquiry, an order of Probate, dated 28.04.2016, which is referred as Letters of Testamentary Certificate and an Executor Certificate were issued in favour of the appellant herein. Since the properties were situated in Chengalpattu District, the appellant has come forward with this present appeal and prayed for Ancillary Probate by invoking Section 228 of the Indian Succession Act, 1925. Since original Will is already probated, producing the same and necessity of proving the Will once again does not arise. To buttress his argument, he relied on the order passed by the Court in O.P.No.362 of 2023, dated 20.07.2023.

8. The respondent herein was served with notice and the learned counsel also entered appearance, however she has not appeared today (27.11.2024). Since respondent has already submitted “No Objection” before the Probate Court, I am inclined to proceed further for passing Judgment in this appeal.

9. Section 228 of the Indian Succession Act, 1925 empowers the Court to grant Letters of Administration with the copy of the Will which was proved in Abroad and authenticated it reads as follows:

“228. Administration, with copy annexed, of authenticated copy of Will proved abroad.—

When a Will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of India, and a properly authenticated copy of the Will is produced, letters of administration may be granted with a copy of such copy annexed.”

10. As per Section 228 of the Indian Succession Act, 1925, once the Will stands proved and deposited in Court of Competent Jurisdiction situated beyond the limits of India, and properly authenticated copy of the Will is proved, Letters of Administration may be granted with the authenticated copy of the Will. This Section is invok