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Amritpal Singh Ghataurhae vs State Of Nct Of Delhi on 20 September, 2023

        IN THE COURT OF SH. SUDHANSHU KAUSHIK :
     ADDITIONAL DISTRICT JUDGE-02 & WAQF TRIBUNAL :
            PATIALA HOUSE COURTS : NEW DELHI

                               PC No.09/2023
                         CNR NO.DLND01-003819-2023

IN THE MATTER OF :-

1.      SH. AMRITPAL SINGH GHATAURHAE
        S/O LATE SH. GURDIAL GHATAURHAE
        R/O PO BOX 14671-00800,
        NAIROBI, KENYA

2.      SH. JASWINDER SINGH GHATAURHAE
        S/O LATE SH. GURDIAL GHATAURHAE
        R/O PO BOX 14671-00800,
        NAIROBI, KENYA

3.      SH.GURJEET SINGH GHATAURHAE
        S/O LATE SH. GURDIAL GHATAURHAE
        R/O PO BOX 13658-00800,
        NAIROBI, KENYA

                                                                   .....PETITIONERS

                                        VERSUS

1.      STATE OF NCT OF DELHI
        THROUGH SECRETARY
        PLAYERS BUILDING, I.G.STADIUM,
        I.P.ESTATE, DELHI-110002

2.      BANK OF INDIA
        THROUGH ITS MANAGER
        CONNAUGHT CIRCUS BRANCH,
        NEW DELHI-110001


PC No.09/2023:                                 :
Amritpal Singh Ghataurhae & Ors. Vs State of NCT Of NCT of Delhi & Ors.    Page 1 of 8
 3.      INDIAN OVERSEAS BANK
        THROUGH ITS MANAGER
        KAROL BAGH BRANCH,
        NEW DELHI-110005
                                                                 .....RESPONDENTS

DATE OF INSTITUTION                                                       :   24.04.2023
DATE OF CONCLUSION OF FINAL ARGUMENT                                      :   20.09.2023
DATE OF PRONOUNCEMENT OF ORDER                                            :   20.09.2023

                                   JUDGMENT

1. This is a petition under Section 228 read with Section 278 of the Indian Succession Act, 1925 for the grant of Letter of Administration in respect of Will of Late Sh. Gurdial Singh M.Ghataurhae.

2. The brief facts, as disclosed in the petition, are that;

(a) Testator/Deceased Sh. Gurdial Singh M.Ghataurhae was a citizen of Nairobi (Kenya). His wife Smt. Dalvinder Singh Ghataurhae was killed in a shooting incident on 21.09.2013. Testator executed a Will dated 07.03.2014 during his lifetime describing the manner in which his property shall devolve after his death. He died on 30.12.2018 at Loresho, Nairobi (Kenya) due to sudden Cardiac Arrest leaving behind his legal heirs; (i) Amrit Pal Singh Ghataurhae, (ii) Jaswinder Singh Ghataurhae and (iii) Gurjeet Singh Ghataurhae. All the legal heirs are the sons of the testator and they have joined together as petitioner No.1, 2 & 3 respectively;

PC No.09/2023:                                 :
Amritpal Singh Ghataurhae & Ors. Vs State of NCT Of NCT of Delhi & Ors.        Page 2 of 8
         (b)     On the demise of testator, the petitioners filed a succession

case bearing No.E1220 of 2020 before the High Court of Kenya at Nairobi whereby the Letter of Administration was granted to petitioner No.1 & 2 vide order dated 13.05.2021. The Letter of Administration was confirmed by the High Court of Kenya at Nairobi vide certificate of confirmation of grant dated 29.03.2022. Petitioners have filed the present petition seeking Letter of Administration in respect of two bank accounts of the testator in Indian Banks, details whereof are;

(a) Account No.600345210000328 in Bank of India, Connaught Circus Branch, New Delhi. This was an individual account.

(b) Account No.003501000014596 in Indian Overseas Bank, Karol Bagh, New Delhi. This was a joint account of the testator and his wife Smt. Dalwinder Singh Ghataurhae.

3. Petitioners have submitted that the bank accounts are situated in India and therefore, Letter of Administration may be issued to distribute the funds lying in the said bank accounts as per the wishes of the testator as contained in the Will dated 07.03.2014.

4. State has been impleaded as respondent No.1 while the concerned branches of Bank of India and Indian Overseas Bank have been impleaded as respondent No.2 & 3 respectively.

5. Notice of the petition was issued to the respondents. Two PC No.09/2023: :

witnesses were examined. They were officials from the concerned banks.

6. PW-1/Anil Kumar Jha, Chief Manager, Bank of India, produced the balance confirmation certificate of the bank account bearing No.01501311001888 mentioning that the testator was holding this account at Bank of India, Mumbai Overseas Branch. The balance, as reflected in the balance confirmation statement, was Rs.7,70,858.28/-. The details of this bank account were not mentioned in the petition. The official also furnished the details of the bank account bearing No.600345210000328 at the Bank of India, Connaught Circus Branch, New Delhi. It was found that an amount of Rs.99,49,274.00/- was lying in the said bank account. The joint balance confirmation certificate in respect of these bank accounts is Ex.PW-1/A.

7. PW-2/Ms. Neha Adil, Sr. Manager, Indian Overseas Bank, Karol Bagh Branch produced the statement of bank account bearing No.003501000014596 and as per the same, a sum of Rs.4,04,215.97/- was lying in this account. The statement of account is Ex.PW-2/A.

8. In the present matter, probate in respect of the Will has already been granted by the High Court of Kenya at Nairobi. 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 PC No.09/2023: :

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 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 PC No.09/2023: :

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."

9. 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.

PC No.09/2023: :

10. 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. Petitioners have placed on record the duly authenticated copy of the Will of the testator in respect of which probate has been granted by the competent court of Kenya, Nairobi where the deceased was residing at the time of his death. Testator declared in his Will that the funds held by him in the bank account at Bank of India shall be distributed equally between petitioner No.1 & 2 while the funds at Indian Overseas bank shall be distributed equally amongst petitioner No.1, 2 & 3. It stands recorded in the Will that the wife of the testator predeceased him. As such, this is an uncontested case for the grant of probate.

11. Accordingly, petitioners is entitled to the grant of Letter of Administration in respect of bank accounts i.e. (i) Account No.600345210000328 in Bank of India, Connaught Circus Branch, New Delhi; (ii) Account No.01501311001888 in Bank of India, Mumbai Overseas Branch; and (iii) Account No.003501000014596 in Indian Overseas Bank, Karol Bagh, New Delhi.

12. In view of the above, Letter of Administration be issued subject to filing of requisite court fee and administration bond with surety.

PC No.09/2023: :

13. File be consigned to record room after necessary compliance. Announced in the open court on 20.09.2023 (Sudhanshu Kaushik) Addl. District Judge-02 & Waqf Tribunal New Delhi District, Patiala House Courts, New Delhi/20.09.2023 PC No.09/2023: :