Madras High Court
Rep. By Her Power Agent P Ramachandran vs / on 28 January, 2016
O.P.No.839 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 19.12.2024 Pronounced on: 02.01.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Original Petition No.839 of 2023
Lalitha Venkataramani,
W/o.Late Mr. Narayanan Venkataramani,
70-20 108th Street,
Apt 8D Forest Hills
New York 11375 (U.S.A).
Rep. By her Power Agent P Ramachandran,
S/o.Pitchumaniiyer,
No. 10, Subramaniya Nagar,
1st street, Kodambakkam,
Chennai- 600 024. ...Petitioner
/versus/
Anitha Iyer Kothari,
D/o. Late Venkatramani,
70-20 108th Street,
Apt 12K
Forest Hills
New York 11375 (U.S.A) ... Respondent
PRAYER: Original Petition has been filed under Section 228 and 276 of the
Indian Succession Act 1925 read with Order XXV Rule 5 of Original Side
Rules to grant Letter of Administration with the authenticated copy of probate
with the copy of Will annexed hereto, in favour of the petitioner as the
Executor/Beneficiary of the deceased/testator Late.Mr.Narayanan
Venkataramani to have effect throughout the Union of India.
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O.P.No.839 of 2023
For Petitioner : Mr.Ashwin Kumar.
For Respondent : No appearance.
Consent affidavit filed.
***
ORDER
This petition has been filed under Sections 228 and 276 of Indian Succession Act, 1925 read with Order XXV, Rule 5 of Original Side Rules in respect of the Will of Late.Narayanan Venkataraman, dated 28th January, 2016.
The testator, a resident of New York, United States had executed the will at State of New York and after his demise on 18/09/2022, the wife of the testator appointed as the Executor of the Will had applied to the Surrogate’s Court of the State of New York, Queens County and obtained Certificate of Appointment of Executor in accordance with the law of that State. Although the certificate of probate was issued by the Surrogate's Court at New York, as required under the law of that State, the original will is retained and receipt issued by the Surrogate’s Court acknowledging the receipt of the original Will.
2. The petition is filed under Section 228 of the Indian Succession Act, through a power agent by the wife of the testator, the named Executor of the Will. Since some properties of the testator, both immovable and securities, are located at Chennai.
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3. The respondent is the daughter of the late Venkataramani. She has filed her consent affidavit to grant Letters of Administration in favour of Lalitha Venkataramani, W/o.Venkataramani. The paper Publication inviting objections, if any, to the grant of letters of administration in favour of the petitioner did not evoke any response. The power agent for the petitioner has deposed before the Court through a proof affidavit and the following documents marked as Ex.P.1 to Ex.P.20 are relied for the grant of Letters of Administration.
Exhibits Documents
Ex.P.1 Certified copy of the probate dated 27.12.2022 passed by Surrogate's
Court of the State of New York along with the Will and Testament executed by Mr.Narayanan Venkataramani on 28.01.2016 Ex.P.2 Photocopy of the receipt for filing of Will for safe keeping issued by Queens Country Surrogate's Court Ex.P.3 Photocopy of the death certificate of Mr.Narayanan Venkataramani Ex.P.4 Photocopy of the Aadhaar Card of Mr.Narayanan Venkataramani Ex.P.5 Photocopy of my Aadhaar Card Ex.P.6 Original power of attorney dated 29.05.2023 executed by the petitioner in my favour Ex.P.7 Photocopy of the sale deed dated 28.08.1989 executed in favour of Mr.N.Venkataramani Ex.P.8 Photocopy of the sale deed dated 04.04.2007 executed in favour of Mr.N.Venkataramani Ex.P.9 Photocopy of the share certificate of Cauvery Electronics Limited bearing certificate No.19249 stands in the name of Mr.N.Venkataramani Ex.P.10 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.56044 stands in the name of Mr.N.Venkataramani https://www.mhc.tn.gov.in/judis 3/10 O.P.No.839 of 2023 Exhibits Documents Ex.P.11 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.33349 stands in the name of Mr.N.Venkataramani. Ex.P.12 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67602 stands in the name of Mr.N.Venkataramani. Ex.P.13 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67603 stands in the name of Mr.N.Venkataramani. Ex.P.14 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67604 stands in the name of Mr.N.Venkataramani. Ex.P.15 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17778 stands in the name of Mr.N.Venkataramani along with the letter dated 18.01.1992.
Ex.P.16 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17779 stands in the name of Mr.N.Venkataramani. Ex.P.17 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109664 stands in the name of Mr.N.Venkataramani. Ex.P.18 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109665 stands in the name of Mr.N.Venkataramani. Ex.P.19 Photocopy of the share certificate of Modi Threads Limited bearing certificate No.59196 stands in the name of Mr.N.Venkataramani. Ex.P.20 Photocopy of the share certificate of MGExpress Limited bearing certificate No.0087272 stands in the name of Mr.N.Venkataramani. Ex.P.21 Photocopy of the share certificate of MGExpress Limited bearing certificate No.0087273 stands in the name of Mr.N.Venkataramani Ex.P.22 Photocopy of the share certificate of Golden Tobacco Company Limited bearing certificate No.020400 stands in the name of Mr.N.Venkataramani along with the transfer of shares dated 01.04.1992. Ex.P.23 Photocopy of the share certificate of GTC Industries Limited bearing certificate No.227463 stands in the name of Mr.N.Venkataramani. Ex.P.24 Photocopy of the share certificate of GTC Industries Limited bearing certificate No.227464 stands in the name of Mr.N.Venkataramani. Ex.P.25 Photocopy of the share certificate of Hero Motors Limited bearing certificate No.1572 stands in the name of Mr.N.Venkataramani along with the scheme arrangement between Majestic Auto Ltd and Hero Auto Ltd dated 29.10.2004.
Ex.P.26 Photocopy of the share certificate of Hero Motors Limited bearing certificate No.1532 stands in the name of Mr.N.Venkataramani along with the scheme arrangement between Majestic Auto Ltd and Hero Auto Ltd dated 29.10.2004.
https://www.mhc.tn.gov.in/judis 4/10 O.P.No.839 of 2023 Exhibits Documents Ex.P.27 Affidavit of assets showing the net value of the estate as Rs.1,46,85,550/- Ex.P.28 Copy of paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 21.06.2024.
Ex.P.29 Copy of paper publication effected in one issue of English Daily “Trinity Mirror” dated 28.06.2024.
Ex.P.30 Photocopy of the Aadhaar Card of the petitioner
4. As per section 228 of the Indian Succession Act, when a Will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State and if properly authenticated copy of the Will is produced, Letters of Administration may be granted with a copy of such Will annexed.
5. In the instant case, Ex.P-1 is the certified copy of the probate passed by the Surrogate’s Court of the State of New York, along with the copy of the Will of Late.Venkataramani. Ex.P-2 is the receipt issued by the Queen’s County Surrogate’s Court. Ex.P-3 is the death certificate of Mr.Narayanan Venkataramani. Ex.P-6 is the power of attorney given by the petitioner, Mrs.Lalitha Venkataramani, in favour of her brother P.Ramachandran, to pursue this petition on her behalf. The title deed of the properties and copy of the share certificates held by the said Venkataramani in his name are exhibited as Ex.P-9 to Ex.P-26. Paper Publications inviting objections, if any, from the general https://www.mhc.tn.gov.in/judis 5/10 O.P.No.839 of 2023 public are marked as Ex.P-28 and Ex.P-29. No objections received on the day when the matter called for objections.
6. In view of the evidence adduced, I hold there is no impediment to grant the relief sought in the Original Petition namely, granting Letters of Administration in the matter of the certified copy of probate along with the Will annexed.
7. Accordingly, the petitioner herein is granted Letters of Administration in respect of the certified copy of probate along with the Will of Late.Venkataramani on the following terms:-
(i) This Original Petition is allowed and Letters of Administration to be issued in accordance with Rules. Such Letters of Administration shall have effect throughout the State of Tamil Nadu.
(ii)The petitioner is directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in the name of the Assistant https://www.mhc.tn.gov.in/judis 6/10 O.P.No.839 of 2023 Registrar (Original Side-II) of this Court.
(iii)The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year respectively.
02.01.2025 Index :Yes/No. Internet :Yes/No. bsm Petitioner's witness:
P.W.1 – Mr.P.Ramachandran Documents marked:
Exhibits Documents
Ex.P.1 Certified copy of the probate dated 27.12.2022 passed by Surrogate's
Court of the State of New York along with the Will and Testament executed by Mr.Narayanan Venkataramani on 28.01.2016 Ex.P.2 Photocopy of the receipt for filing of Will for safe keeping issued by Queens Country Surrogate's Court Ex.P.3 Photocopy of the death certificate of Mr.Narayanan Venkataramani Ex.P.4 Photocopy of the Aadhaar Card of Mr.Narayanan Venkataramani Ex.P.5 Photocopy of my Aadhaar Card Ex.P.6 Original power of attorney dated 29.05.2023 executed by the petitioner in my favour Ex.P.7 Photocopy of the sale deed dated 28.08.1989 executed in favour of Mr.N.Venkataramani Ex.P.8 Photocopy of the sale deed dated 04.04.2007 executed in favour of Mr.N.Venkataramani Ex.P.9 Photocopy of the share certificate of Cauvery Electronics Limited bearing https://www.mhc.tn.gov.in/judis 7/10 O.P.No.839 of 2023 Exhibits Documents certificate No.19249 stands in the name of Mr.N.Venkataramani Ex.P.10 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.56044 stands in the name of Mr.N.Venkataramani Ex.P.11 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.33349 stands in the name of Mr.N.Venkataramani. Ex.P.12 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67602 stands in the name of Mr.N.Venkataramani. Ex.P.13 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67603 stands in the name of Mr.N.Venkataramani. Ex.P.14 Photocopy of the share certificate of Chokhani International Limited bearing certificate No.67604 stands in the name of Mr.N.Venkataramani. Ex.P.15 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17778 stands in the name of Mr.N.Venkataramani along with the letter dated 18.01.1992.
Ex.P.16 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.17779 stands in the name of Mr.N.Venkataramani. Ex.P.17 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109664 stands in the name of Mr.N.Venkataramani. Ex.P.18 Photocopy of the share certificate of Onida Saka Limited bearing certificate No.109665 stands in the name of Mr.N.Venkataramani. Ex.P.19 Photocopy of the share certificate of Modi Threads Limited bearing certificate No.59196 stands in the name of Mr.N.Venkataramani. Ex.P.20 Photocopy of the share certificate of MGExpress Limited bearing certificate No.0087272 stands in the name of Mr.N.Venkataramani. Ex.P.21 Photocopy of the share certificate of MGExpress Limited bearing certificate No.0087273 stands in the name of Mr.N.Venkataramani Ex.P.22 Photocopy of the share certificate of Golden Tobacco Company Limited bearing certificate No.020400 stands in the name of Mr.N.Venkataramani along with the transfer of shares dated 01.04.1992. Ex.P.23 Photocopy of the share certificate of GTC Industries Limited bearing certificate No.227463 stands in the name of Mr.N.Venkataramani. Ex.P.24 Photocopy of the share certificate of GTC Industries Limited bearing certificate No.227464 stands in the name of Mr.N.Venkataramani. Ex.P.25 Photocopy of the share certificate of Hero Motors Limited bearing certificate No.1572 stands in the name of Mr.N.Venkataramani along with the scheme arrangement between Majestic Auto Ltd and Hero Auto Ltd dated 29.10.2004.
Ex.P.26 Photocopy of the share certificate of Hero Motors Limited bearing https://www.mhc.tn.gov.in/judis 8/10 O.P.No.839 of 2023 Exhibits Documents certificate No.1532 stands in the name of Mr.N.Venkataramani along with the scheme arrangement between Majestic Auto Ltd and Hero Auto Ltd dated 29.10.2004.
Ex.P.27 Affidavit of assets showing the net value of the estate as Rs.1,46,85,550/- Ex.P.28 Copy of paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 21.06.2024.
Ex.P.29 Copy of paper publication effected in one issue of English Daily “Trinity Mirror” dated 28.06.2024.
Ex.P.30 Photocopy of the Aadhaar Card of the petitioner 02.01.2025 https://www.mhc.tn.gov.in/judis 9/10 O.P.No.839 of 2023 Dr.G.JAYACHANDRAN,J.
bsm Pre-delivery order made in Original Petition No.839 of 2023 02.01.2025 https://www.mhc.tn.gov.in/judis 10/10