O.P.No.667 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 667 of 2021

Ramoo Sathyabama

…

Petitioner

Vs.

1. Jeevaneswaran

2. Uma Mageswary

3. Uma Gowri

4. Uma Sangkari

...

Respondents

Original Petition is filed under Section 228 & 276 of the Indian

Succession Act, 1925 read with Order XXV Rule 5 of the Original Side

Rules, 1956 to grant Letters of Administration with the certified copy of

probate, along with the copy of last Will and testament dated 19.02.2017

granted by the High Court of Malaya, Melaka, executed by late

Mr.N.Ramoo annexed, to the petitioner as executor / beneficiary under the

Will of deceased to have effect throughout the Union of India.

For Petitioner : Mr.K.Kannan

For Respondents : Mr.E.Iyappan

ORDER

This Original Petition has been filed under Section 228 & 276 of the

Indian Succession Act, 1925 read with Order XXV Rule 5 of the Original

Side Rules, 1956 to grant Letters of Administration with the certified copy

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O.P.No.667 of 2021

of probate, along with the copy of last Will and testament dated 19.02.2017

granted by the High Court of Malaya, Melaka executed by late Mr.N.Ramoo

annexed, to the petitioner as executor / beneficiary under the Will of the

deceased to have effect throughout the Union of India.

2. The averments in the petition are as follows:-

The Will dated 19.02.2017 executed by one N.Ramoo at Malaysia

was probated by virtue of an order dated 02.03.2018 made by the High

Court of Malaysia at Melaka in Probate No.32 NcvC-127-08 of 2017. The

petitioner is the wife of the said testator N.Ramoo. The said N.Ramoo died

on 12.05.2017. The properties in the Will are situated in Chennai and as

well as beyond the limits of the territorial jurisdiction of this Court. In the

Will, the petitioner has been nominated as the sole executor of the Will.

Now this petition has been filed seeking grant of Letters of Administration

and a certificate copy of the probate along with the last Will and testament

granted by the High Court of Malaysia, at Melaka executed by late

N.Ramoo.

3. Since the Will has already been probated after being deposited at

the Foreign Court of competent jurisdiction, the production and proof of the

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O.P.No.667 of 2021

Will did not arise once again as per Section 228 of the Indian Succession

Act, 1925. For the sake of clarity, the Section 228 of the Indian Succession

Act is extracted hereunder:

“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 1*[India], and a properly

authenticated copy of the will is produced, letters of administration may

be granted with a copy of such copy annexed.”

4. Since the petitioner claims under the above provision, the

production of original Will is dispensed. On perusal of the records it is seen

that the certified copy of the probate along with the copy of the Will dated

19.02.2017 has also been produced and the same is perused.

5. Since some of the properties involved in this Will are situated at

Chennai, the Letters of Administration as requested by the petitioner in

respect of the properties furnished in the affidavit has to be granted.

6. Hence, this Original Petition is allowed by granting Letters of

Administration to the petitioner with the copy of the Will and testament

dated 19.02.2017 granted by the High Court of Malaysia, Melaka, executed

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O.P.No.667 of 2021

by late Mr.N.Ramoo. Such Letters of Administration shall have effect

throughout the Union of India. The petitioner is directed to execute a

security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand

only) in the