Delhi High Court
Narain Malik vs State on 30 May, 2017
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 24th May, 2017
Pronounced on: 30th May, 2017
+ TEST.CAS. 59/2014
NARAIN MALIK
..... Petitioner
Through Mr.Rakesh Munjal, Sr. Advocate
with Mr.Ankur Arora and Mr.Mohd.
Arif, Advocates.
versus
STATE
..... Respondent
Through Mr.R.C.Agarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. The petitioner has filed this petition under Section 228 of the
Indian Succession Act, 1925 seeking letter of administration in
respect of the properties of late Nalin Malik located within the
territorial jurisdiction of this Court.
2. The petitioner is the wife of late Nalin Malik, who died on
06.05.2013 in New Jersey, USA. The death certificate issued by USA
authorities is annexed to the petition. It is also averred that the father
of the deceased Nailn Malik namely late Shri Amar Nath Malik had
expired on 05.12.2002 and his mother Mrs.Sushila Malik had expired
on 27.11.2011 in New Jersey. Late Mr. Nalin Malik had executed a
Will dated 12.03.2008 during his lifetime. As per the said Will, the
testator had bequeathed all his estate and effects in favour of
petitioner. Besides, the petitioner herein, there are two more legal
heirs of late Nalin Malik being their sons namely Neeraj Malik and.
Rajiv Malik arrayed as respondent Nos.1 & 2 respectively.
3. The aforesaid Will dated 12.03.2008 was filed/ deposited in the
Surrogate's Court of Hudson County, New Jersey, USA; and
thereafter duly proved and probated on 31.05.2013 before the said
Court being the Last Will and Testament of late Nalin Malik. The
said Court was the Court of competent jurisdiction and the Will was
probated vide judgment dated 31.05.2013 in accordance with law.
The said Will dated 12.03.2008 is now a part of the records of the
said Court. The said Court had also issued Letters of Administration
dated 04.06.2013 in favour of the Petitioner. Further, the Will dated
12.03.2008 was not disputed or contested by anyone before the
Surrogate's Court of Hudson County, New Jersey, USA. Upon grant
of Letters of Administration by the Surrogate's Court of Hudson
County, New Jersey, USA, the Petitioner had realized the estate of
deceased Nalin Malik which was situated in USA. It is also claimed
that there are properties/ estate of deceased Nalin Malik, which are
located within territorial jurisdiction of this Court as per the schedule
of properties Annexure 'A' has been filed with the petition. As per
schedule there is a vacant plot of land admeasuring about 324 square
meters being Plot No.29, Bhirochi Cooperative House Building
Society Limited, Bhera Enclave, New Delhi - 110087. There are
bank deposits with the State Bank of India, Parliament Street, New
Delhi.
4. It is averred that in compliance of the order dated 30.05.2014
of this Court, the petitioner got published the citation in "Statesman"
newspaper on 05.08.2014 which is placed on record. The affidavits of
Mr.Michael J. Murfi and Ms.Jo Ann Bradi, who were the witnesses to
the execution of the Will dated 12.03.2008 are also filed on record.
Both respondents Nos.2 & 3 have also filed their respective
affidavits, stating therein that they do not have any objection if the
present petition is allowed and that the petitioner is granted Letters of
Administration in respect of aforesaid properties of deceased Nalin
Malik. The certified/authenticated copy of the Will dated 12.03.2008
was obtained from Hudson County Surrogate's Court and the same
was placed on record on 21.03.2017. The petitioner and her attorney
has also filed additional affidavits on 26.04.2017 affirming that the
copy of the Will as was placed on record is a certified and duly
authenticated copy of original Will dated 12.03.2008 which was
obtained from Hudson County Surrogate's Court where the Will was
proved and probated.
5. The contents of the petition are not disputed or objected or
contested by any of the respondents and the respondent Nos.2 & 3
have filed their affidavits affirming that they do not have any
objections if the Letter of Administration as prayed for, is granted in
favour of the petitioner on the basis of the Will dated 12.03.2008.
The petitioner is the beneficiary as per the Will of Nalin Malik and is
entitle to all his properties/ estate and there is no impediment in
granting the relief as sought by petitioner.
6. I have heard the submissions of learned senior counsel for
petitioner and learned counsel for respondent.
7. The claim of the petitioner can be allowed without any
evidence as per Section 228 of the Indian Succession Act, 1925,
which reads as under:-
"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."
8. The Will has already been proved in the Foreign Court of
competent jurisdiction and the only requirement stipulated under
Section 228 of the Act for seeking letter of administration is that the
petitioner has to file authenticated copy of the Will dated 12.03.2008.
In Dharamvir Sharma vs. State & Ors 148 (2008) DLT 149 this
Court held as follows:-
"7. The object of Section 228 is to dispense with
the need to produce the original will owing to its
deposit in some other Court. The order under this
provision is not like Section 276; however, its
ancillary to a grant made by a competent Court.
Before making an order on such application, the
Court has satisfy itself that the copy produced
before it answers the description in Section 228."
9. The Will dated 12.03.2008 satisfies the requirement of Section
228 (supra), hence I accept the WILL executed by late Nalin Malik
for which the probate was granted on 31.05.2013 by the Hudson
Country Surrogate's Court, State of New Jersey, USA. The petitioner
is hereby granted letter of administration in respect of the properties
viz deposits in SBI, Parliament Street, New Delhi and a Plot No.29,
Bhirochi Cooperative House Building Society Limited, Bhera
Enclave, New Delhi - 110087 admeasuring 324 square yards, subject
to the petitioner paying the requisite court fee, on the basis of the
valuation of the term deposit, indicated by SBI, Parliament Street,
New Delhi and also on the basis of valuation of immovable property
by the concerned SDM and upon furnishing administration bond and
surety bond.
10. Registry to issue the letter of administration with Will annexed
to the petitioner on her depositing the requisite stamp duty, as per
law.
11. The petition stands disposed of.
YOGESH KHANNA, J
MAY 30, 2017
M
