Mr. Mark Douglas Holford vs ..........
2018 Latest Caselaw 5951 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                              Date of decision: 01.10.2018
+      TEST.CAS. 19/2017
       MR. MARK DOUGLAS HOLFORD                   ..... Petitioner
                       Through Mr.Abhimanyu Mahajan, Ms.Anubha
                               Goel and Mr.Sarthak Mehrotra, Advs.

                          versus

       STATE                                               ..... Respondent
                          Through      None.

       CORAM:
       HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J.(ORAL)

1.     This petition is filed under section 228 read with section 276 of the
Indian Succession Act, 1925 for grant of Letters of Administration in respect
of the Will dated 20.11.1992 of Late Ms.Maria Geeta Lisa Therese
Anastasia Luzia Alvares Meneses.
2.     It is pleaded that the testator has died on 06.02.2016. A copy of the
death certificate has been filed along with the present petition. He also
states that her last Will and Testament dated 20.11.1992 has been proved
and registered in the High Court of Justice, Family Division, Leeds District
Probate Registry on 15.06.2016. It is stated that the testator was the resident
of 503, Howard House, Dolphin Square, London, SWIV 3PG, England,
U.K. and prior to her demise, she had duly executed her last Will and
Testament dated 20.11.1992. The petitioner herein Mr.Mark Douglas
Holford and Mr.Grahame Francis Eales, Solicitor were appointed as the




TEST.CAS. 19/2017                                                 Page 1 of 4
 Executors and Trustees of the said Will. It is stated that as per the said Will,
in view of the death of the mother of the testator, the trustee would sell her
properties and the proceeds from the sale of her properties, after deduction
of her debts, funeral and testamentary expenses would go for charitable
purposes of the Maria Nisha Jeanne Alvares Meneses Scholarship at
St.Mary's Convent, Cambridge. The said Will further provides that in the
event no disposition of estate is possible to Maria Nisha Jeanne Alvares
Meneses Scholarship at St. Mary's Convent, Cambridge, then her Trustees
shall apply the same for charitable purposes of the Models for Rural
Development, c/o Jean Gimpel r/o Flat 5,11 Chelsea Embankment London
SW3 4 LE.
3.     Mr.Grahame Francis Eales one of the Trustees and executor of the
Will passed away on 04.05.2004. Hence, the petitioner herein Mr.Mark
Douglas Holford is the sole executor and Trustee of the said Will.
4.     This court on 16.04.2018 has directed the petitioner to file an affidavit
to prove the certified copy of the Will of the deceased testator dated
20.11.1992. Needful has been done by filing affidavit of the petitioner dated
26.06.2018.
5.     Today, the learned counsel for the petitioner pleads that under section
228 of the Indian Succession Act, 1925 once the Will has been proved and
registered in the competent court of jurisdiction, i.e. in the High Court of
Justice, Family Division, Leeds District Probate Registry, the Letters of
Administration can be granted. He relies upon the judgment of this court in
the case of Narain Malik v. State, 245 (2017) DLT 423.
6.     Section 228 of the Indian Succession Act, 1925, reads as follows:




TEST.CAS. 19/2017                                                 Page 2 of 4
        "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."

7.     This court in Narain Malik v. State(supra), held as follows:
       "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 12.3.2008. In Dharamvir Sharma v. 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 owning 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."

8.     It is manifest from the facts and the records that the petitioner has
placed on record a properly authenticated copy of Will dated 20.11.1992 of
Ms. Maria Geeta Lisa Therese Anastasia Luzia Alvares Meneses, which has
been proved and registered in the Foreign Court of competent jurisdiction,
i.e. in the High Court of Justice, Family Division, Leeds District Probate
Registry, United Kingdom.
9.     Accordingly, the present petition is allowed and the petitioner is
hereby granted Letters of Administration in respect of the property bearing
Flat No.20, Dakshineshwar, 10 Hailey Road, New Delhi along with the



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 moveables lying therein subject to the petitioner paying the requisite court
fees on the valuation as done by the SDM, Chanakyapuri, New Delhi and
upon furnishing administration and surety bond. The Registry will issue
Letter of Administration on his depositing the stamp duty as per law.



                                                   JAYANT NATH, J.

OCTOBER 01, 2018/v