Delhi High Court - Orders
Margaret Ann Mulrythrough Poa Holder ... vs Bank Of India & Ors on 2 February, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15049/2022 and CM APPL. 46473/2022
MARGARET ANN MULRYTHROUGH POA HOLDER MARTIN
J. MULROY & ANR.
..... Petitioner
Through: Mr. Dhiraj Abraham Philip and Mr.
Samuel David, Advocates.
versus
BANK OF INDIA & ORS. ..... Respondents
Through: Mr. P. K. Mullick, Mrs. Soma
Mullick and Mr. S. K. Deuria,
Advocates for R-1.
Mr. Kuber Dewan and Ms. Trisha
Raychaudhuri, Advocates for R-3.
Ms. Neeharika Aggarwal and Mr.
Kaustubh Srivastava, Advocates for
R-4.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 02.02.2023
1. In terms of the order dated 25.01.2023, learned counsel appearing on behalf of respondent No.1-bank states that the bank would still need the Letter of Administration in view of the Provisions of Section 228 of the Indian Succession Act, 1925.
2. Learned counsel appearing on behalf of the petitioner placed reliance on paragraph No.24 of the decision rendered by this court in W.P.(C) 5619/2021 dated 15.03.2022 and he states that the similar contention has Signature Not Verified Signed By:PRIYA Signing Date:04.02.2023 16:03:18 been rejected, therefore, requirement of Letter of Administration is not necessitated over again from a court in India.
3. Paragraph No.24 of the decision in W.P.(C) 5619/2021 in the case of BMO Trust Company v. State Bank of India & Ors. is reproduced as under:
"24. Regard must also be had to the fact that a Letter of Administration in essence is not concerned with the genuineness of a will or other testamentary disposition. It essentially accords recognition upon the right of the petitioner to administer the affairs of the deceased. The order of the Superior Court has not only held that the will has been duly executed and represents the last will and testament of the testator, it has also affirmed the right of the petitioner here to represent her estate. That judgment, as is well settled, operates as a judgment in rem. The Court fails to find any justification to require the petitioner to obtain a Letter of Administration all over again from a court in India. The stand of SBI taken would have been sustainable provided there was a substantive objection raised to the manner in which the probate came to be granted or where it were established that the Superior Court while granting probate had failed to adhere to some vital aspect of procedure or a mandatory prescription which governs that grant under the laws of India. This Court additionally finds itself unable to interpret the observations as occurring in Sameer Kapoor as mandatorily requiring a Letters of Administration being obtained in respect of a will which has been duly probated by a foreign court of competent jurisdiction."
4. Having considered the submission made by the learned counsel appearing on behalf of the respondent No.1-bank and after perusal of the consideration already made by this court in paragraph No.24 of the said order, I do not find any reason to take a different view. The submission of the respondent No.1-bank is rejected. It is seen that the entire controversy is covered by the pronouncement in the aforesaid case.
Signature Not Verified Signed By:PRIYA Signing Date:04.02.2023 16:03:185. On all other issues the parties are at consensus that the controversy is covered in the decision rendered above.
6. In view of the aforesaid, this court finds it appropriate to dispose of the instant petition alongwith pending application with the following directions:
(i) The respondents/bank shall process the prayer for remittance made by the petitioner in relief clause of the instant writ petition except for Account No.9164921270489 with Royal Bank of Scotland, PLC India Branch, Hansalaya building, 15 Barakhamba Road, New Delhi 110001 now changed to NatWest Markets PLC, in the light of the judgment of the superior court granting probate. The aforesaid would be subject to the petitioner placing duly apostilled copy of the will and judgment of probate before the banks.
(ii) The respondents/bank would be obliged to proceed with the remittance of funds standing to the credit of the bank accounts of the testator, subject to the petitioner obtaining the requisite permission from RBI in accordance with the provision made in the 2006 Regulations.
PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 2, 2023/p Click here to check corrigendum, if any Signature Not Verified Signed By:PRIYA Signing Date:04.02.2023 16:03:18