Delhi District Court
Deepinder Dhodhi vs State on 25 July, 2025
IN THE COURT OF DISTRICT JUDGE-05, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
PC No: 43/24
IN THE MATTER OF : -
Deepender Dhodhi
W/o Late Sh Jaihind Singh Dhodhi
R/o 910, bainbridge DR,
Sugarland, Fort Bend,
Texas-77479, USA.
...... Petitioner
VERSUS
1. State
Through the Collecctor, Delhi, GNCTD
Deputy Commisisoner Office, new Delhi District,
12/1, Jam Nagar House,
New Delhi.
2. Geetika Parikh
D/o Late Sh Jaihind Singh Dhodhi
R/o 5315, Fenwick Way Court,
Sugarland,
Texas-77479, USA.
3. Nikchu Dhodhi
D/o Late Sh Jaihind Singh Dhodhi
R/o 5534, 39 Ave NE, Seattle,
Washington-98105, USA.
...... Respondents
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 1 of 9
PETITION UNDER SECTION 34 OF THE ARBITRATION &
CONCILIATION ACT, 1996
Date of institution : 03.12.2024
Date when judgment reserved : 07.07.2025
Date of Judgment : 25.07.2025
JUDGMENT:-
1. Present petition u/s 276 of Indian Succession Act seeking probate /Letter of Administration of the Will dated 28.02.2018 executed by Jaihind Singh Dhodhi is filed by the petitioner Deepender Dhodhi.
2. It is stated by the petitioner in her petition that she is wife of Late Sh Jaihind Singh Dhodhi. It is further stated that out of the said wedlock with Late Sh Jaihind Singh Dhodhi, two issues namely Geeetika Parikh (daughter) and Nikchu Dhodhi (son) were born.
It is further stated that Jaihind Singh Dhodhi expired on 25.09.2021 at Fort Bend County, USA on 25.09.2021 leaving behind his last Will/Testament dated 28.07.2018, wherein the testator has appointed the petitioner as independent executrix of the Will and Estate.
It is further stated that vide order dated 07.02.2022 passed by Clerk of County Court of Fort Bend County, Texas, it was observed that on 24.01.2022, the petitioner was granted with Letters Testamentary of the Estate of the Late Sh Jaihind Singh Dhodhi.
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 2 of 9 It is further stated that by way of the said Will Late Sh Jaihind Singh Dhodhi had bequeathed the entire amount held in FD Account No. 1422290010 with Axis bank, Connaught Place, Delhi upon the petitioner having amount of Rs. 98,10,706/-.
By way of present petition, the petitioner has sought granting probate / Letter of Administration of Will dated 28.02.2018 executed by Late Sh Jaihind Singh Dhodhi in her favour.
3. Alongwith the said petition, the petitioner has placed on record following documents:
a. Consent affidavit on behalf of Geetika Parikh, respondent no.2, whereby the deponent issued NOC in granting of Letter of Probate/ letter of Administration in favour of petitioner. It is stated that in the affidavit that she is one of the LR of the deceased. The said affidavit is executed at State of Texas and further bears signature of counsel-ate General of India at Houston.
b. Coloured photocopy of driving licence of Geetika Parikh.
c. Consent affidavit on behalf of Nikchu Dhodhi, respondent no.3, whereby the deponent issued NOC in granting of Letter of Probate/ letter of Administration in favour of petitioner. It is stated that in the affidavit that he is one of the LR of the deceased. The said affidavit is executed at State of Texas and further bears signature of counsel-ate General of India at Houston.
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 3 of 9 d. Coloured photocopy of driving licence of Nikchu Dhodhi.
e. An Apostille certifying signature of Tiffany E Vaughan as Notary Public, State of Texas.
f. Affidavit of Veronica Landaverde, one of the witness to the testimony dated 28.08.2018. It is stated by the deponent that the Will was executed in her presence and same was signed by the testator in her presence. The said affidavit is duly attested by Tiffany E Vaughan, Notary Public, State of Texas.
g. Coloured copy of driving licence of Veronica Landaverde.
h. An Apostille certifying signature of Tiffany E Vaughan as Notary Public, State of Texas.
i. Affidavit of Michael C Riddle, one of the witness to the testimony dated 28.08.2018. It is stated by the deponent that the Will was executed in his presence and same was signed by the testator in his presence. The said affidavit is duly attested by Tiffany E Vaughan, Notary Public, State of Texas.
j. Coloured copy of driving licence of Michael C Riddle.
k. Death certificate of Jaihind Singh Dhodhi issued by State of Texas as per which he expired on 25.09.2021.
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 4 of 9 l. Copy of Will and testament of Jaihind Singh Dhodhi executed on 28.02.2018.
m. Original Letters Testamentary dated 07.02.2022 executed by County Court, Fort Bend County, Texas, State of Texas whereby letters Testamentary of Estate of Jaihind Singh Dhodhi was granted in favour of petitioner Deepender Dhodhi.
4. That Ld. Predecessor court vide order dated 12.03.2025 has directed to issue citation by way of publication in newspapers having publication in India as well as that of in Texas. In pursuance thereof, publication was done and no objection was received to the Will in pursuance to the said citation.
5. Further as per the record, Ms. Geetika Parikh and Sh Nikchu Dhodhi had appeared before the Ld. Predecessor court through VC on 27.05.2025 and stated that they have no objection in grant of probate in respect of Will dated 28.02.2018 executed by their father.
6. It is stated by counsel for the petitioner that there is a fixed deposit in the Axis bank having a sum of Rs. 98,10,706/-. It is stated by counsel for the petitioner that although there is no mention about the above said fixed deposit in the last testament of deceased Jaihind Singh Dhodhi dated 28.02.2018, however as per clause 4.01(Article IV) of the said Will, the testator Jaihind Singh Dhodhi bequeathed all the residue and remainder of Estate in favour of petitioner Deepender Dhodhi.
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 5 of 9
7. The 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) 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 PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 6 of 9 file authenticated copy of the Will dated 12.3.2008. In Dharamvir Sharma v. State, 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.
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."
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 7 of 9
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 the duly authenticated copy of the Will of testator Late Sh. Jaihind Dhodhi in respect of which, the Letters Testamentary has been granted by the County Court, Fort Bend County, Texas, State of Texas. The petitioner has placed on record original copy of the said order. The petitioner has also placed on record affidavits of the witnesses to the Will as well as NOC of the LRs of deceased.
10. Accordingly, petitioner is entitled to the grant of Letter of Administration in respect of clause 4.01 (Article IV) of the Will dated 28.02.2018 to the extent of FD Account No. 1422290010 as stated in para 6 of the petition.
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.
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 8 of 9
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 25th July, 2025 (Anubhav Jain) District Judge-05 (New Delhi District) Patiala House Courts, New Delhi Present order consist of 09 pages and each page bears my signatures.
ANUBHAV Digitally signed by
ANUBHAV JAIN
JAIN Date: 2025.07.26
16:51:49 +0530
(Anubhav Jain)
District Judge-05 (New Delhi District)
Patiala House Courts, New Delhi
PC No. 43/2024, Deepender Dhodhi Vs. State & Anr. Page No. 9 of 9