Delhi District Court
Poonam Rao Velagaleti vs State (Nct Of Delhi) on 24 November, 2022
IN THE COURT OF SH. AKASH JAIN
ADDITIONAL DISTRICT JUDGE-01
SOUTH-EAST DISTRICT, SAKET COURTS: NEW DELHI
PC No:- 54/18
Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors.
Poonam Rao Velagaleti
W/o Late Dr. Ranga Rao Velagaleti
Permanent R/o 3974, Cesar Chavez Street
San Francisco, CA 94131
Presently At:-
E-125, Ground Floor
Near Deshbandhu College
Kalkaji, South Delhi, Delhi-11009
....... Petitioner
Versus
1. State (NCT of Delhi)
2. Prashant Rao Velagaleti
S/o Late Dr. Ranga Rao Velagaleti
R/o 4288, Cesar Chavez Street
San Francisco, CA 94131
3. Sunaina Rao Schultz (Nee Velagaleti)
D/o Late Dr. Ranga Rao Velagaleti
R/o 79, East Princeton Drive
Apt. C-301, Sandy, Utah 84070, USA
...... Respondents
Date of institution of case : 04.10.2018
Date of Reserving order : 07.11.2022
Date of Order : 24.11.2022
Petition under Section 228 of The Indian Succession Act for
grant of Letter of Administration qua transfer of Asian Hotels
Shares (AHN/AHE/AHW 0300138) of Late Ranga Rao
Velagaleti
JUDGMENT
1. The present petition has been filed by the petitioner under PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 1 of 6 Section 228 of the Indian Succession Act, 1925 (hereinafter referred to as the "Act") for grant of letter of administration in respect of Asian Hotel Shares of deceased namely, Late Ranga Rao Velagaleti (hereinafter referred to as "the testator").
2. It is averred in the petition that testator was the husband of of petitioner and was married to her in accordance with Hindu marriage rituals in New Delhi and out of the said wedlock, two children namely Prashant Rao Velagaleti (hereinafter referred to as 'respondent no. 2') and Sunaina Rao Velagaleti (hereinafter referred to as 'respondent no. 3') were born. It is averred that deceased moved to USA along with his family members way back in 1982 and now all his family members are US Citizens. It is further averred that deceased testator had died on 30.10.2011 in New Jersey, USA.
3. It is averred that the deceased had executed a Will as his last Will and testament on 16.12.2003. As per the said Will, the testator had bequeathed all his estate and effects in favour of petitioner and named her as the sole executor of his Will. The petitioner had applied for grant of Probate/Letter of Administration before Surrogate Court of Morris County, New Jersey, USA in respect of Will in question dated 16.12.2003 and the said Court vide order dated 14.12.2011 granted Probate in respect of the said Will. It is averred that Will in question was not disputed or contested by anyone before the Morris County Surrogate's Court, New Jersey, PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 2 of 6 USA. Consequent to grant of Probate, the petitioner realized the estate of deceased which was situated in USA as well as in India. However, when SPA holder of petitioner made a request for transfer of 6300 Asian Hotel Shares of deceased to Karvy Computer Shares Company, who was handling the share holder's interest in respect of Asian Hotel Shares, the said company insisted on obtaining the decree from an Indian Court validating the Morris County Surrogate's court order dated 14.12.2011. As such, the present petition is filed under Section 228 of the Act by the petitioner seeking letter of administration in respect of Asian Hotel Shares belonging to deceased testator.
4. After institution of the present petition, notice of the same was issued to the respondents. Publication of the notice was effected in newspapers 'The Statesman' dated 14.02.2019 and 'Veer Arjun' dated 20.02.2019. Citation of publication also got affixed at conspicuous place outside the Court.
5. Notice of the petition was issued by this Court to SDM concerned to file surviving legal heirs report. In response to the same, office of SDM, Kalkaji filed a legal heir report, wherein petitioner, respondent no. 2 and respondent no. 3 were shown as the legal heirs of the deceased.
6. Duly notarized no objection affidavits were filed on behalf of respondents no. 2 and 3. Vide said affidavits, the respondents gave their no objections qua grant of Probate/Letter of Administration in respect of Will dated PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 3 of 6 16.12.2003 to the petitioner.
7. The petitioner Ms. Poonam Rao Velagaleti examined herself as PW-1 vide affidavit Ex. PW 1/A and relied upon following documents as under:-
(i) Ex. PW 1/1 : Original death certificate of deceased Late Dr. Ranga Rao Velagaleti;
(ii) Ex. PW 1/2 (OSR) : Copy of probate granted by Surrogate's Court Morris Country, New Jersey, USA;
(iii) Mark-A : Copy of letter dated 29.01.2018 issued by Karvy Computershare Pvt. Ltd;
(iv) Mark-B : Copy of email received from Karvy Computershare Pvt. Ltd;
(v) Mark-C : Copy of details of share
certificates.
8. On the directions of Ld. Predecessor Court, affidavit for valuation of shares had been filed on behalf of petitioner.
Vide said affidavit, petitioner stated that two companies namely Asian Hotels North Limited and Asian Hotels West Limited had already transferred the shares of their respective companies in her name. Petitioner further stated that now shares of Asian Hotels East are left to be transferred. As on 02.06.2022, valuation of the said shares is Rs.4,79,430/-.
9. Petitioner Evidence was closed vide order dated 04.02.2020 PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 4 of 6 and the matter was thereafter listed for final arguments.
10. I have heard the submissions and carefully gone through the record.
11. Section 228 of the Indian Succession Act, 1925, stipulates as under:-
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.
12. 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 16.12.2003. In Dharamvir Sharma v. State & Ors. 148 (2008) DLT 149, Hon'ble Delhi High Court held as under:-
"... 7. The object of Section 228 is to dispense with the need to produce the original will owing to its deposit in some other court. The order under this provision is not like Section 276; however, it is ancillary to a grant made by a competent court. Before making an order on such application, the court has to satisfy itself that the copy produced before it answers the description in Section
228..."
13. The petitioner has placed on record authenticated copy of Will and Probate order dated 14.12.2011, Ex. PW 1/2 (OSR) and no objection is received from respondents or any PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 5 of 6 member of public. In these circumstances, the Will dated 16.12.2003 satisfies the requirement of Section 228. Hence, the petitioner is hereby granted Letter of administration in respect of 2100 shares of Asian Hotels East on filing of Court fee advalorem and on furnishing the Administrative bond and Surety bond of the equal value on the basis of valuation.
14. File be consigned to record room after due compliance.
ANNOUNCED IN OPEN COURT (AKASH JAIN)
ON 24.11.2022 ADJ-01, SOUTH-EAST
SAKET, NEW DELHI
This judgment contains 06 pages and each paper is signed by me.
(AKASH JAIN) ADJ-01, SOUTH-EAST SAKET, NEW DELHI PC No:- 54/18 Poonam Rao Velagaleti v. State (NCT of Delhi) & Ors. Page No. 6 of 6