Bombay High Court
Rakesh Gujral vs Eden George Wallace (Deceased) on 23 November, 2021
Author: R.I. Chagla
Bench: R.I. Chagla
17-TP-21-17.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 21 OF 2017
WITH
CHAMBER SUMMONS NO. 204 OF 2019
IN
TESTAMENTARY PETITION NO. 21 OF 2017
Mr. Rakesh Gujral ...Petitioner
And
Mr. Eden George Wallace ...Deceased
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Mr. Shanay Shah a/w Mr. Jayesh Ashar, Ms. Pratiksha Mody
and Ms. Aishwarya Ganoo i/by K. Ashar & Co. for the Petitioner.
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CORAM : R.I. CHAGLA J
DATE : 23 November 2021
ORDER :
1. Heard learned Counsel for the Petitioner. SHARAYU PANDURANG KHOT Digitally
2. By this Petition, the Petitioner is seeking grant of signed by SHARAYU PANDURANG KHOT Date:
2021.11.25 17:03:38 +0530 Letters of Administration (with an authenticated copy of the Will annexed) to the property and credits of the deceased Eden George Wallace for the use and beneft of David Lycett Wallace 1/5 17-TP-21-17.doc as such executor and limited until he obtains Probate of the said Will from this Court. The Probate of the Will was granted on 22nd May 1968 under the seal of the High Court of Justice, the Principal Probate Registry, England to the Executor named in the said Will.
3. The Executors named in the said Will have expired and these facts are recorded in paragraph 4 to 6 of the Petition. One of the Executors Cecily Lindsay Wallace, grandmother of David Lycett Wallace renounced her Executorship as stated in the Grant. Cecily Lindsay Wallace also expired on 24th August 1979.
4. By an order dated 10th July 2019 this Court had recorded the submission that the succession has been sought only in respect of certain shares which constitute movable property that is regulated by the law of the country in which the testator was domiciled which in the present case is England. A notarial certifcate at Exh.B was relied upon which appears to certify the accompanying Grant. However, it was noticed that the notarial certifcate did not refer to the grant. This Court directed that the original Probate certifcate of the 2/5 17-TP-21-17.doc High Court of Justice of England be called for.
5. Learned Counsel for the Petitioner has referred to an Affdavit of the Petitioner dated 29th October 2019. In the said Affdavit, the original offce copy of the Probate dated 22nd May 1968 (with copy of the Will annexed) issued by the High Court of Justice, the Principal Probate Registry, England has been annexed. This has also been noted by the Additional Registrar (O.S.)/Additional Prothonotary & Senior Master in the order dated 20th October 2021 that pursuant to the order dated 10th July 2019 passed by this Court, original Probate certifcate of the High Court of Justice, the Principal Probate Registry, England is on record.
6. Learned Counsel for the Petitioner has relied upon the Section 228 of the Indian Succession Act, 1925, which provides that "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.". He has submitted that in the present case, the 3/5 17-TP-21-17.doc Probate of the Will has been produced which had been granted by the High Court of Justice, the Principal Probate Registry, England proving the Will and which has been deposited in this Court. Accordingly, this Court granted the letters of administration with a copy of the Will annexed to the property and credits of the deceased Eden George Wallace.
7. I am satisfed with the submissions of the learned Counsel for the Petitioner and note that the original Probate certifcate of the High Court of Justice, the Principal Probate Registry, England with the Will of the deceased which has been duly notorised has been deposited in this Court by way of Affdavit dated 29th October 2019. The Petition for the Letters of Administration requires to be granted to the Petitioner, considering the provisions of Section 228 of the Indian Succession Act, 1925. Hence the following order :-
(i) Offce is directed to process the grant of Letters of Administration, with the authenticated copy of the Will annexed to the property and credits of the Will of the deceased have been effected through the State of Maharashtra for the use and 4/5 17-TP-21-17.doc beneft of the David Lycett Wallace as such Executor and limited until he shall obtain Probate from this Court.
[R.I. CHAGLA J.] 5/5