Letters of Administration under Section 228 Indian Succession Act granted on a Will proved and registered in High Court of Justice, Leeds, UK

Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. allowed a petition filed under Section 228 read with Section 276 of the Indian Succession Act, 1925 seeking grant of Letters of Administration in respect of a Will.

It was pleaded by the petitioner that the testator’s (who died in 2016) Will dated 20-11-1992 was proved and registered in the High Court of Justice, Family Division, Leeds District Probate Registry, United Kingdom. It was stated that the petitioner, along with the Solicitor, was appointed as the executor and trustee of the Will. Furthermore, due to death of the Solicitor, the petitioner was the sole executor and trustee of the Will. The Court directed the petitioner to file an affidavit to prove the certified copy of the Will; the petitioner complied.

The Court perused the law on the subject and found favour with petitioner’s submission that under Section 228, once the Will has been proved and registered in a Court of competent jurisdiction, the Letters of Administration can be granted. The Court held that the petitioner placed on record a properly authenticated copy of the subject Will which was allowed and the Letters of Administration was granted as prayed for.[Mark Douglas Holford v. State,2018 SCC OnLine Del 12297, decided on 01-10-2018]

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