Delhi District Court
Mr. Sunil Mohindrathrough His Power Of ... vs State Of Nct Of Delhithrough District ... on 23 January, 2026
IN THE COURT OF MS. PRABH DEEP KAUR, DISTRICT JUDGE-05,
SOUTH EAST DISTRICT, SAKET COURTS, DELHI
PC No. 45/2023
CNR No. DLSE01-008678-2023
In the matter of :-
Mr. Sunil Mohindra,
Through his Power of Attorney Holder
Sh. Akash Basoya, s/o Sh. Shyam Pal Basoya
R/o 113, Prakash Mohalla,
Garhi East of Kailash,
New Delhi -110065 .........Petitioner
Versus
1. State of NCT Of Delhi
Through District Magistrate,
Old Gargi College Building,
24, National Park Road,
Lajpat Nagar-110024
2. State Bank of India
Lajpat Nagar Branch,
6 Ring Road, Lajpat Nagar -IV,
New Delhi-110024
3. Canara Bank,
East of Kailash Branch,
East of Kailash Community Centre,
New Delhi 110065 ........ Respondents
Petition presented on : 19.08.2023
Arguments concluded on : 15.01.2026
Judgment Pronounced on : 23.01.2026
PC No 45/23 Page no. 1 of 9 Dated 23.01.2026
Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate
PRABH Digitally
by PRABH
DEEP KAUR
signed
DEEP Date:
KAUR 2026.01.23
16:55:38 +0530
JUDGMENT
1. Vide this order the petition under Section 278 of Indian Succession Act, 1925 for grant of letters of administration u/S 228 r/w Section 276 of the Indian Successor Act, 1925, has been disposed off.
2. Briefly stated the facts as narrated in petition are that Smt. Jitender Prabha Dosaj w/o Late Sh. Brahamn Sarup Dosaj was a British Citizen of India origin residing at 17 Sandells Avenue Ashford TW15 1AJ United Kingdom, who died on 29.10.2021 in England and Wales and executed her last Will and Testament dated 31.10.2008 with a a codicil dated 25.04.2017 (hereinafter referred as Will). The said Will and Codicil were duly granted probate vide order dated 06.06.2022 of the High Court of Justice England and Wales in case no. 1646669609034376.
Late Smt. Jitender Prabha Dosaj was married to Late Sh. Braham Sarup Dosaj who succeeded her but died on 30.01.2022 and that they did not have any children on direct legal heirs. Late Smt. Jitender Prabha Dosaj through her Will, left all her movable and immovable property to her husband, who died on 30.01.2022.
It is stated that the Will and codicil of Late Smt. Jitender Prabha Dosaj named her now deceased husband Late Sh. Braham Sarup Dosaj, Sunil Mohindra (petitioner/applicant herein) and Ms. Seema Dosaj as executors and trustees of the Will of Late Smt. Jitender Prabha Dosaj.
It is stated that Ms. Seema Dosaj renounced all her rights as executor and the same was placed before the High Court of Justice England Wales in the probate application placed before it and on the basis of which probate was granted administration of the Estate of Late Mr. Braham Sarup Dosaj as the Executor vide probate by the High Court of Justice Notarial Certificate containing the Death certificate, copy of the Will and Codicil, Deed of renunciation of Seema Dosaj, Probate PC No 45/23 Page no. 2 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate PRABH Digitally signed by PRABH DEEP KAUR DEEP Date: 2026.01.23 KAUR 16:55:43 +0530 Application, Grant of Probate order dated 06.06.2022.
The petitioner has been named as the Executor in the Will and has been duly granted administration of the Estate of Late Smt. Jitender Prabha Dosaj as the Executor vide probate by the High Court of Justice England Wales vide order dated 06.06.2022. Based on the probate as granted by the High Court of Justice England Wales in favour of the petitioner/applicant. Petitioner is also seeking for grant of letters of administration for proper and just administration of the estate of the testator. It is stated that the petitioner has been named as the Executor in the Will of Late Sh. Brahm Sarup Doaj and the same was granted probate vide order dated 23.08.2022 by the High Court of Justice England Wales. The list of account of Late Smt. Jitender Prabha Dosaj for the purpose of which letter of administration have been sought is attached as schedule- A. It is prayed to allow the present petition and grants letters of administration for the estate of Late Smt. Jitender Prabha Dosaj as per the Last Will and Testament dated 31.10.2008 with a codicil dated 25.04.2017 executed by Late Smt. Jitender Prabha Dosaj.
3. Notice of the petition was issued to the respondents. The citation of the petition was published in the newspaper "The Statesman" dated 10.03.2025 and "Veer Arjun" dated 07.03.2025. However, no one appeared / objected on behalf of State or on behalf of general public despite service of notice and publication of citation in newspapers.
4. No one from the public at large has comeforward for any objection to the present petition.
5. After completion of pleadings following issues were framed vide order dated 04.07.2025:
(i). Whether plaintiff is entitled for grant of letter of administration/ PC No 45/23 Page no. 3 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate Digitally signed PRABH by PRABH DEEP KAUR DEEP Date:
KAUR 2026.01.23 16:55:47 +0530 probate qua the Will dt. 31.10.2008 with codicil dt. 25.04.2017? OPP.
(ii). Relief Thereafter, the matter is listed for petitioner's evidence.
6. In order to prove the case, petitioner himself stepped in the witness box as PW-1. He has tendered her evidence by way of affidavit Ex. PW1/A, reiterating the facts as stated in the petition. He has relied on documents i.e. Certified copy of the reply of Canara Bank dated 21.10.2024 send via email to the counsel of the petitioner Annexure -A is now Ex. PW-1/A(colly); Copy of letter dated 01.10.2025 written by petitioner to his counsel Annexure -B is now Ex. Mark-A; Certified copy of SBI Bank statements of account number 35224174984 and a/c No. 10617532023 Annexure-C is now Ex. PW-1/B(colly); A copy of the publication made in Veer Arjun (Hindi Daily) and Statesman (English Daily) Annexure -C (colly) is now Ex. PW-1/C(colly) and Certified copy of Will dated 31.10.2008 of Smt. Jitender Prabha Dosaj Ex. PW-1/D.
7. Respondent no. 2 /State Bank of India examined Sh. Sh. Auzair Aijaz, Assistant Manager, SBI Ring Road, Lajpat Nagar, New Delhi. He proved the record i.e. Bank statement of Mrs. Jitender Prabha Dosaj, a/c No. 35224174984 from the period 18.08.2015 till 15.12.2025. As per the account statement the closing balance of Rs. 37,45,138/- as on 15.12.2025 and the same is now Ex. RW-1/A. He also proved the record i.e. Bank statement of Mrs. Jitender Prabha Dosaj, a/c No. 10617532023 (Sr. Citizen) from the period 26.06.2003 till 15.12.2025. He deposed that as per the account statement the closing balance of Rs. 12,68,847/- as on 15.12.2025 and the same is now Ex. RW-1/B.
8. Respondent no. 3/Canara Bank has already filed the bank statement and petitioner stated that petitioner has no objection to the same. In view thereof, RE stands closed. Thereafter matter was listed for final PC No 45/23 Page no. 4 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate Digitally signed PRABH by PRABH DEEP DEEP KAUR Date: 2026.01.23 KAUR 16:55:51 +0530 arguments.
9. I have heard arguments advanced by Ld counsel for petitioner and gone through the material available on record.
10. The present petition has been filed for grant of letter of administration u/S 228 r/w Section 276 of the Indian Successor Act, 1925. Section 278 of Indian Succession Act deals with the grant of letter of administration, while the effect of letter of administration has been given under section 220 of the Act as it spells that grant of letter of administration entitled the administrator to all rights belonging to intestate as effectively as if the administration has been granted after his / her death. It is also settled proposition of law that grant of letter of administration does not grant any title but is only declaration of title existent in the legal representative (s) of the deceased.
11. In order to prove his case, the petitioner through SPA entered into witness box as PW-1 and deposed that the Will and codicil of Late Smt. Jitender Prabha Dosaj named her husband Sh. Braham Sarup Dosaj(now deceased), Sh. Sunil Mohindra (petitioner/applicant herein) and Seema Dosaj as executors and trustees of her Will. The husband of Late Smt. Jitender Prabha Dosaj has also passed away on 30.01.2022 and Ms. Seema Dosaj renounced all her rights as executor. Probate qua the Will of testator Smt. Jitender Prabha Dosaj was filed before the High Court of Justice England Wales and probate was granted vide order dated 06.06.2022.
12. As held by the Hon'ble Supreme Court of India in Sameer Kapoor & Anr. Vs. State, reported as (2020) 1212SCC480, in a proceedings for grant of probate or letter of administration no right is asserted or claimed by the applicant. The applicant only seeks recognition of the Court to perform a duty. Probate or letters of administration issued PC No 45/23 Page no. 5 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate PRABH Digitally signed by PRABH DEEP DEEP KAUR Date: 2026.01.23 KAUR 16:55:55 +0530 by competent Court is conclusive proof of the legal character throughout the world. The duty is only moral and it is not legal.
13. It is also settled position of law that issuance of letters of administration or probate does not decide the right, title or interest of the deceased in the estate which is subject matter of the petition.
In the judgement of Dr. Sanjay Khanduja Vs. PNB & Anr. In WP(C) 1402/2021 decided on 12.02.2021 by Hon'ble Ms. Justice Prathiba M. Singh, the judgement of Sameer Kapoor & Anr. (Supra) was appreciated. In the said case, a Writ Petition was filed by petitioner stating that he was appointed an independent Administrator of the deceased's Will and estate by the Probate Court of Harris County, Texas, United States of America. He had approached various banks in India along with duly apostilled and certified copy of the order of the Probate Court for giving him access to the assets / bank accounts of the deceased. However, some of the banks did not provide the petitioner with the access to the estate of the deceased. Therefore, the said Writ Petition was filed. Hon'ble High Court allowed the Writ Petition and issued directions to the bank concerned as mentioned in para 16 of the judgment.
Further, Ld. Counsel for petitioner has relied upon "Mr. Mark Douglas Holford Vs. State", Test Cas. 19/2017, decided on October 1, 2018 and it was held that :
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:
"2018:DHC:6396TEST.CAS. 19/2017 Page 3 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 PC No 45/23 Page no. 6 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate PRABH Digitally signed by PRABH DEEP KAUR DEEP Date: 2026.01.23 KAUR 16:56:00 +0530 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.
14. The petitioner has a remedy provided under Section 228 of the Indian Succession Act which provides that 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. Thus, the petitioner can apply for obtaining a letter of administration from a competent Court having jurisdiction in India to obtain letters of administration as provided under Section 228 of the Indian Succession Act. Thus, the petitioner has a right to apply for letter of administration in India on the basis of properly authenticated copy of the Will which has already been stated to be proved and deposited in a court of competent jurisdiction as mentioned in the petition.
PC No 45/23 Page no. 7 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate PRABH Digitally by PRABH DEEP KAUR signed DEEP Date:
KAUR 2026.01.23 16:56:04 +0530
15. Further, Section 270 of Indian Succession Act provides the jurisdiction of a court of District Judge which is competent to issue letters of administration / probate. The Section provides that probate of a Will letters of administration to the estate of a deceased may be granted by a District Judge under the seal of his court, if it appears by a petition, verified of the person applying of the same that the testator or the intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, movable or immovable within the jurisdiction of the Judge. In the present matter, petitioner through his SPA has placed on record certified copy of reply of the Canara Bank, certified copy of Will dated 31.10.2008 of Smt. Jitender Prabha Dosaj duly authenticated by Notary Services England. Further, in the present case the relief is sought qua the movable properties i.e. the bank accounts which are within jurisdiction of this Court.
Relief:-
16. In view of aforesaid discussions, there is no legal impediment to allow the instant petition. The same is accordingly allowed and directions for enforcement of probate issued by High Court of Justice Family Division England on 06.06.2022 qua the Will of Late Smt. Jitender Prabha Dosaj i.e. Will dated 31.10.2008 with codicil dated 25.04.2017, be granted in favour of the petitioner. It is made clear that this grant of letter of administration does not grant any title but is only declaration of title existent in the legal representative (s) of the deceased.
17. Upon filing of the inventory, ad-valorem stamp duty with respect to valuation of the bank account, issue letters of administration/ directions for enforcement of probate issued by High Court of Justice Family Division England on 06.06.2022 qua the Will of Late Smt. Jitender Prabha Dosaj i.e. Will dated 31.10.2008 with codicil dated 25.04.2017, be PC No 45/23 Page no. 8 of 9 Dated 23.01.2026 Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate Digitally signed PRABH by PRABH DEEP DEEP KAUR Date: 2026.01.23 KAUR 16:56:12 +0530 granted in favour of the petitioner. The petition is accordingly allowed and disposed off.
File be consigned to record room after due compliance.
Digitally signed by PRABH PRABH DEEP KAUR
DEEP KAUR Date: 2026.01.23
16:56:07 +0530
Typed to the direct dictation and (Prabh Deep Kaur)
announced in the open court DJ-05, South East
on this 23.01.2026 Saket Courts, New Delhi
PC No 45/23 Page no. 9 of 9 Dated 23.01.2026
Ms. Sunil Mohindra through his power of Attorney Holder Akash Basoya Vs. State of NCT of Delhi through District Magistrate