Delhi High Court
Ms. Merete Simonsen vs State on 13 May, 2022
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13th May, 2022
+ TEST.CAS. 38/2021
MERETE SIMONSEN ..... Petitioner
Through: Mr. Ankur Mahindro, Mr. Shresth
Choudhary and Mr. Aditya Kapur,
Advocates.
versus
STATE & ANR. ..... Respondents
Through: Ms. Pavitra Kaur, Advocate for R-1
Ms. Jaya Tomar, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
AMIT BANSAL, J. (Oral)
1. The present petition has been filed seeking grant of letters of
administration under section 228 read with section 276 of the Indian
Succession Act, 1925, in respect of the Will and Testament dated 3rd
November, 2008 executed by Late Mr. Surendra Prakash Sharma, who was
a Danish citizen. He passed away in Denmark on 9th March, 2013. At the
time of his death, he was unmarried and died issueless. He had various
properties in Denmark, along with certain accounts/deposits maintained with
the State Bank of India (Specialised NRI Branch) in New Delhi (SBI). He
executed his Will and Testament dated 3rd November, 2008 while cancelling
his earlier Will and Testament dated 5th August, 2005 and Codicil dated 12th
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September, 2005. The contents of the Will are stated in paragraph 4 of the
petition.
2. After the demise of the testator, the petition for administration of his
estate by a court appointed administrator, was filed by one of the
beneficiaries, Mr. Girish Kaushik, before the competent court i.e. Court of
Aarhus, Denmark. The said court vide order dated 18th April, 2013 had
released the estate of the testator for administration by the petitioner.
3. The testator also maintained various accounts/deposits with SBI, as
stated in paragraph 7 of the petition and the amounts and interest in respect
of the said accounts/deposits have also accrued in favour of the
beneficiaries. The SBI has refused to transfer the said amounts to the
beneficiaries, in the absence of letters of administration by a competent
court in India, in respect of the estate of the testator. Hence, this petition has
been filed.
4. Notice was issued in the petition on 9th April, 2021. Citation has also
been published by the petitioner in respect of the present petition.
5. Evidence by way of affidavit has been filed on behalf of the petitioner
by one Mr. Shivam Vikram Singh, who has been authorized by the
petitioner vide Power of Attorney dated 13th April, 2016 and the same has
been exhibited as Ex.PW-1/1. The testator passed away in Denmark on 9th
March, 2013. The death certificate along with its translated copy has been
exhibited as Ex.PW-1/2. The testator had executed his last Will and
Testament dated 3rd November, 2008. The authenticated copy of the said
Will along with its translated copy has been exhibited as Ex.PW-1/3. The
petitioner herein is the administrator appointed by the Court of Aarhus,
Denmark, the competent court of jurisdiction in respect of the estate of the
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testator, by way of a Probate Certificate dated 18th April, 2013. The probate
certificate in favour of the petitioner, along with its translated copy has been
exhibited as Ex.PW-1/4.
6. In the judgment dated 12th February, 2021 passed in
W.P.(C)1402/2021 titled Dr. Sanjay Khanduja vs. Punjab National Bank
and Anr., a Coordinate Bench of this Court has observed that the only
requirement for claiming rights under a probate granted by a foreign court,
would be to file apostilled copy of the judgment of the said foreign court.
Counsel for the petitioner places reliance on the judgment of this Court in
Mr. Mark Douglas Holfor vs. State, 2018 SCC OnLine Del 12297, the
relevant observations of the said judgment are set out below:
"6. Section 228 of the Indian Succession Act, 1925, 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."
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, 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
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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 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."
7. In view of the aforesaid facts and settled legal position, all parameters
of Section 228 read with Section 276 of the Indian Succession Act, 1925 are
fulfilled in the present case. The petitioner has placed on record the duly
authenticated copy of the Will of the deceased, Late Mr. Surendra Prakash
Sharma in respect of which, the probate has been granted by the competent
court of Denmark, where the deceased resided. The petitioner has also filed
the probate certificate dated 18th April, 2013 granted in favour of the
petitioner by the competent court in Denmark. As such, this is an
uncontested test case for the grant of probate.
8. Accordingly, the present petition is allowed and the petitioner is
hereby granted letters of administration in respect of the following estate of
Late Mr. Surendra Prakash Sharma, subject to the petitioner paying the
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requisite court fees:
S.No. Particulars Amount
1. Term Deposit 1785.12 GBP
2. Term Deposit 63870.24 USD
3. Saving Bank Account No.10818893570 283340.99 Rupees
9. In the facts and circumstances of the case, since the present petition is
uncontested, there will be no requirement to file any administrative/surety
bonds.
10. The petition stands disposed of.
AMIT BANSAL, J.
MAY 13, 2022
dk
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