Delhi District Court
Vivienne Chadha vs The State Govt. Of Nct Delhi And Ors on 19 May, 2026
IN THE COURT OF DISTRICT JUDGE-05, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
DLND010084102024
PC No: 34/24
IN THE MATTER OF: -
Mrs. Vivienne Chadha
W/o Late Jagjit Singh Chadha ... Petitioner
VERSUS
1. The State (Govt. Of NCT Delhi) Respondent No. 1
2. Canara Bank
Through Its Branch
Manager
Registered Office
At Connaught Circus-F19,
New Delhi, India ... Respondent no. 2
3. Krishan Singh Chadha ... Respondent no. 3
4. Alisha Daya ... Respondent no. 4
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 1 of 8
PETITION UNDER SECTION 228 OF THE INDIAN
SUCCESSION ACT FOR GRANT OF ADMINISTRATION IN
RESPECT TO CLAIM FOR PAYMENT OF BALANCES IN THE
ACCOUNT OF LATE SH. JAGJIT SINGH CHADHA
Date of institution : 27.01.2025
Date when judgment reserved : 12.02.2026
Date of Judgment : 19.05.2026
J U D G M E N T:-
1. Present petition u/s 228 of Indian Succession Act seeking Probate/ Letter of Administration in respect to claim for payment of balances in the account of Late Sh. Jagjit Singh Chadha.
FACTS OF THE PETITION:
2. It is stated by the petitioner in her petition that she is the wife of Late Sh. Jagjit Singh Chadha and currently residing at 4 Willow Lodge, 61, Lyonsdown Road, New Barnet, EN5, 1JJ, UK. It is stated by the petitioner that Late Sh. Jagjit Singh Chadha expired on 04.05.2023 and left behind following legal heirs i.e.
a) Vivienne Chadha (wife),
b) Krishan Singh Chadha (Son)
c) Alisha Daya Chadha (Daughter) 2.1 It is averred by the petitioner that Late Sh. Jagjit Singh Chadha had six fixed deposits with Canara Bank/respondent no. 2, which are as follows:
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 2 of 8 No. Nature of Account No. Amount Date of Deposits Maturity
1. FIXED 109719 7,46,209.00 16.06.2014
2. FIXED 109720 8,33,760.00 16.06.2014
3. FIXED 109724 11,26,273.00 16.06.2014
4. FIXED 109725 16,89,679.00 16.06.2014
5. FIXED 109732 6,406.00 20.02.2013
6. FIXED 109734 20,58,139.00 17.06.2014 Total Amount 64,60,476.00 2.2 It is stated by the petitioner that Late Sh. Jagjit Singh Chadha left behind Will dated 23.02.2022, wherein he appointed petitioner as Executrix/Trustee of the said Will. It is further averred that probate letter is already granted by High Court of Justice England and Wales, Principal Registry of Family Division issued on 29.08.2023.
2.3 By way of present petition, the petitioner has sought granting Letter of Administration in respect of Will dated 23.02.2022 left behind Late Sh. Jagjit Singh Chadha.
PUBLICATION
3. It is pertinent to state in here that Ld. Predecessor court vide order dated 16.12.2024 has directed to issue citation by way of publication in newspapers "The Statesman" and "Vir Arjun".
In pursuance thereof, publication was done in the Newspaper "Vir Arjun" on 25.05.2025 and "The Statesman" on 27.05.2025.
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 3 of 8
4. Bare perusal of record reveals that the petitioner Vivienne Chadha has filed the present petition through her SPA namely, Anil Kumar Minocha. Further, both the children of deceased Jagjit Singh Chadha i.e. Krishan Singh Chadha and Alisha Daya Chadha i.e. respondent no. 3 and 4 have also placed on record power of attorney in favour of Anil Kumar Minocha. That thereafter, Anil Kumar Minocha has filed NOC on behalf of Krishan Singh Chadha and Alisha Daya Chadha stating that respondent no. 3 and 4 have no objection in case the amount be released in favour of the petitioner. In this regard, both respondent no. 3 and 4 have appeared through VC on 03.06.2025 and confirmed appointing Sh. Anil Kumar Minocha as Power of Attorney and further stated that they have no objection in case letter of administration be granted in favour of petitioner.
5. Further perusal of record reveals that letter of probate with respect to Will of Jagjit Singh Chadha is already issued by High Court of Justice England and Wales dated 29.08.2023 in favour of petitioner Vivienne Chadha. Petitioner placed on record apostilled copy of probate dated 29.08.2023 granted in her favour by High Court of Justice England and Wales Principal Registry of Family Division.
6. Further, Sh. A Siva Satish, Chief Manager from Canara Bank, respondent no. 2, appeared and produced the list of account numbers of Late Sh. Jagjit Singh Chadha lying in the Canara Bank. He further deposed that there are five FD account numbers and FDS were made at the time when the account was maintained physically, however, after digitization the FD accounts number were changed.
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 4 of 8
7. Hon'ble High Court of Delhi has held in the matter of "Merete Simonsen Vs. State & Anr." TEST.CAS.38/2021 decided on 13.05.2022 (Neutral Citation No. 2022/DHC/001901) has observed as under:
"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:
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 5 of 8 "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.
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 movables 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."
8. Similar view has been taken by the High Court of Delhi in the matter of "Dr. Surender Narayan Raizada Vs. State and Another"
TEST. CAS. 44/2013 & IA 9806/2013 decided on 15.11.2018 and "Dharamvir Sharma Vs. State and others" 2008 SCC OnLine Del 205.
9. 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 certified copy of Will of testator Late Sh. Jagjit Singh Chadha in respect of which, the probate granted by High Court PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 6 of 8 of Justice England and Wales, Principal Registry of the Family Division. The petitioner has placed on record original copy of the said order. The petitioner has placed on record NOC of the LRs of deceased.
10. Accordingly, petitioner is entitled to the grant of Letter of Administration in respect of fixed deposits with ICICI Bank as per document Ex. PW-1/X in the account of Late Sh. Jagjit Singh Chadha.
11. Petitioner shall comply with provisions of Section 317 of Indian Succession Act after receipt of formal certificate of Letter of Administration within prescribed time and necessary inventory and Statement of Account shall be filed in due course within time as prescribed under law. Non filing of same shall create the ground for revocation of Letter of Administration.
12. It is certified that issue of right, title, share and ownership of property in question is not decided by this court. It is also clarified that unless the proper separate certificate of Letter of Administration is issued, this judgment alone should not be treated as authorizing petitioner to deal with the property so mentioned.
13. File be consigned to record room after necessary compliance.
Announced in the open Court on 19th of May, 2026 PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 7 of 8 Digitally signed by ANUBHAV JAIN ANUBHAV Date: JAIN 2026.05.19 16:07:52 +0530 (Anubhav Jain) District Judge-05 (New Delhi District) Patiala House Courts, New Delhi
Present order consist of 08 pages and each page bears my signatures.
PC No. 34/2024 Vivienne Chadha Vs. The NCT of Delhi Page Nos. 8 of 8