Paul Mahinthan Aruliah, Son of Mr. Percy Aruliah v. Nil
2025-07-04
H.P.SANDESH
body2025
DigiLaw.ai
ORDER : H.P. Sandesh, J 1. Heard the learned counsel for the petitioners. This petition is filed under Part IX, Chapter I (Section 228) of the Indian Succession Act of 1925. 2. This petition is originally filed by the executor through power of attorney holder based on the power of attorney dated 04.09.2023 and subsequently other beneficiaries are added to this petition by virtue of the order passed by this Court. They also represented through very same power of attorney holder. This petition is filed for grant of extension of letters of administration on the authenticated copy of the Will dated 01.07.2014 which is proved and registered before the High Court of Justice, England and Wales, Harlow, United Kingdom, in respect of the Estate of Daniel Casmir Sylverius Sequeira also known as Daniel Casmir Sequeira who died intestate on 31 st December 2020 and he was residing at 23, Salem Place, Croydon, CR0 1AQ, United Kingdom at the time of his death which was his fixed place of his aboard. It is the case of the petitioner that the 1 st petitioner was appointed as executor of the Will dated 01.07.2014 and made an application for grant of probate of the Will and administration of estate of Daniel and obtain an order of probate vide order dated 04.03.2022 on the last Will and the same was proved and registered before the High Court of Justice. It is also stated in the petition that the testator owns a immovable property bearing apartment No.203 bearing PID No.85-32-43/7 , in Spectra Floris, Municipal No.43,(old No.67), Charles Campbell Road, Cox Town, Bengaluru and also described in the affidavit of assets annexed to this petition which requires to be transferred to the estate of the testator for which the petitioner was appointed as an executor and hence, he needs to obtain extension of grant of letters of administration with authenticated copy of the Will dated 01.07.2014 in the High Court of Karnataka, Bengaluru. 3. It is also contended that the testator had bank accounts in State Bank of India, St.
3. It is also contended that the testator had bank accounts in State Bank of India, St. Mark’s Road Branch, Bangalore which requires to be transferred to an Estate Account to be opened in the name of testator for which the petitioner is also an executor needs to obtain extension of grant of letter of administration and amount standing to the credit of the bank accounts of the testator is evident from the letter issued by the bank dated 03.10.2023. It is also the case of the petitioners that testator had a Demat account in Kotak Securities Ltd and profits from the sale of shares in the Demat account are requires to be transferred to an estate account to be opened in the name of the testator for which the petitioner as an executor needs to obtain letters of grant of administration. The amount of assets which are likely to come to the hands of the petitioner as executor and the same does not exceeds in aggregate the sum of Rs.5,16,54,516.96/- and in terms of the last Will, the other petitioners who have been brought on record also beneficiaries and also petitioners undertake to pay the maximum Court fee as per the Court Fee and Suit Valuation Act, 1958 for grant of letters of administration. 4. It is also contended that the petitioner claims extension of grant of letter of administration in respect of the Will and immovable properties which have been in the Annexure-A in the affidavit of assets. The petitioner also as executor of the Will undertakes to duly administer the property of the said testator and also undertakes to file full inventory thereof and exhibit the same in the Court within six months from the date of extension of grant of letter of administration with authenticated copy of the Will and also to render true account within a period of one year from the date of issuance of probate certificate and hence, prayed this Court to grant the letters of administration with authenticated copy of the Will dated 01.07.2014 in favour of the petitioner/executor and grant such other relief. 5. In pursuance of this petition, this Court registered the petition and ordered to take out the citation and the same was published in Hindu, Bangalore Edition, English daily and Kannada Daily, Udayavani and none appears before the Court.
5. In pursuance of this petition, this Court registered the petition and ordered to take out the citation and the same was published in Hindu, Bangalore Edition, English daily and Kannada Daily, Udayavani and none appears before the Court. However, this Court having found there are number of beneficiaries under the Will vide order dated 02.02.2024 and taken note of immovable and movable assets as Rs.5,16,54,516.96/- directed to bring the beneficiaries who are also the natural heirs of the testator on record and subsequently they have been added and also carried out the amendment to the petition vide order dated 12.03.2025. 6. This petition is filed only for extension of the probate already granted in abroad and petition is also filed under Section 228 of Indian Succession Act. Having perused the averments made in the petition as well as originally the petition was filed through a power of attorney holder and already issued the probate by the abroad that is in England and provision invoked is Section 228 of Indian Succession Act and probate granted by competent Court is conclusive on the validation of the Will unless revoked in accordance with law and the same was not revoked and under Section 228, no evidence can be admitted to impeach it except in proceedings for revaluation and also in the case on hand the relief is sought for extension of letters of administration already granted. 7.
7. The counsel appearing for the petitioners brought to notice of this Court all the petitioners have filed the affidavit before the Court as well as they have executed the power of attorney in favour of the power of attorney holder and death certificate of testator also produced and the testator died on 31 st December 2020 and copy of the grant of probate is placed on record as document No.2 and same is also issued in respect of the last Will and testament of Daniel Casmir Sylverius Sequeira and the same is also certified that the same is a true copy of the grant of representation to the estate of deceased Daniel Casmir Sylverius made on 04.03.2022 and the same is issued by the District Probate Registrar on 19.08.2022 by High Court of Justice England and Wales, Principal Registry of Family Division, HMCTS Probate, P O Box 12625, Harlow CM20 9QE 03003030648 the last Will is also enclosed along with the same discloses that the 1 st petitioner Paul Mahinthan Aruliah was appointed as executor and also made it clear that if Paul Mahinthan Aruliah is unwilling or unable to act his executor appoint Christopher Vasanthan Aruliah of 63, Malden Hill New Malden surrey KT3 4DS in his place. In paragraph No.4 also given the details to who are all the beneficiaries and what acts to be done by the executor. 8. Having heard learned counsel for the petitioners and also on perusal of material available on record, the points that would arise for consideration of this Court are: (1) Whether the petitioners have made out the grounds for issuance of extension of grant Letters of Administration as sought in the petition? (2) What order? Point No.(1) 9.
8. Having heard learned counsel for the petitioners and also on perusal of material available on record, the points that would arise for consideration of this Court are: (1) Whether the petitioners have made out the grounds for issuance of extension of grant Letters of Administration as sought in the petition? (2) What order? Point No.(1) 9. Having taken note of the contents of the last Will and also the 1 st petitioner was appointed as an executor as to act in accordance with the desire of the testator of the Will and this Court noticed that earlier only zerox copies are filed and hence, directed to file original affidavits and accordingly vide memo dated 19.06.2024, original affidavit of the petitioners have been placed on record before this Court and also vide memo dated 13.12.2024, produced power of attorneys executed in favour of George Michael Denis Sequeira vide power of attorney dated 09.11.2024, 23.11.2024, 05.11.2024, 12.11.2024 and 14.11.2024 by the other petitioners and the same are also placed on record before this Court. Having considered the original power of attorneys as well as affidavits are filed before this Court and the same were taken on record and contents of the petition also re-iterated in the affidavit and each of the petitioners have also stated no objection to distribute the assets of the deceased/testator as mentioned in his Will dated 01.07.2014 and the same is also made by affidavit and no need to examine those petitioners since already probate has been issued by the competent Court of England and document No.2 discloses that already probate has been granted. 10. It is important to note that when the probate is already granted by competent Court which is conclusive on the validation of the Will and present petition is filed only for the extension of letters of administration and along with the petition, copy of the earlier probate issued by the High Court of Justice, England and Wales and no need to admit the evidence to impeach the earlier proceedings and it is only a continuation of issuance of letters of administration and in the petition also grounds have been set out for the reason that present petition is filed and the same is in order to distribute the assets by the executor in terms of the last Will. 11.
11. It is also important to note that in paragraph No.11 of the petition categorically stated that persons who are beneficiaries who are entitled to estate of the testator and so also undertaken to pay the maximum Court fee and extension of letters of administration is sought to distribute the assets of the testator to the beneficiaries as mentioned in the last Will and testament dated 01.07.2014 and also in paragraph No.15 of the petition, it is undertaken by the executor that he would make a true and full inventory thereof and exhibit the same before this Court within six months from the date of extension of grant of letters of administration with authenticated copy of the Will dated 01.07.2014 and also to render true account of the said property and credits/debits within one week from the date of issuance of extension of grant of letters of administration before this Court. 12. This Court would like to rely upon the judgment of the Apex Court reported in ( 2020) 12 Supreme Court Cases 480 in case of Sameer Kapoor and another V/s State through sub-division Magistrate South, New Delhi and others wherein held that right to get letters of administration is a continuous right which can be exercised at any time so long right survives and discussion was made in paragraph No.14.1 that in a case where a Will has been proved or deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of India, in that case, as provided under Section 228 of the Act, when a properly authenticated copy of the Will is produced, the letters of administration may be granted in favour of such person. Meaning thereby, in such a situation, the Will is not required to be proved again and it shall be conclusive. 13. This Court would also like to rely upon the judgment reported in 2001 (4) Mh.L.J in case of Ramesh Nivrutti V/s Dr.Surendra wherein discussed in paragraph No.7 that the probate granted by competent Court is conclusive on the validity of the Will unless revoked in accordance with law and no evidence can be admitted to impeach it except in the proceedings for revocation. 14.
14. Having considered all these materials on record and undertaking given by the petitioner and also considering the principles laid down in the judgments referred supra, it is appropriate to issue extension of grant of letters of administration with authenticated copy of the Will dated 01.07.2014 in respect of estate of Testator in favour of the 1 st petitioner who is the executor of the Will dated 01.07.2014. Point No.(2) 15. In view of the discussions made above, I pass the following: ORDER i) The Petition is allowed ii) The extension of grant of letter of administration is granted under Section 228 of Indian Succession Act as sought. iii) The petitioner shall file an affidavit of assets and valuation within one month. iv) The petitioner shall duly administer the property and credits of the deceased after making a full and true inventory thereof and exhibit the same in this Court within six months from the date of issue of extension of grant of letters of administration. v) The petitioner shall render a true account of the property and credits of the deceased to this Court within one year from the date of issuing of extension of grant of letter of administration.