ANZ Grindlays Bank Plc and Another vs State

K.S. Gupta, J.

(1) This petition u/s 228 read with Section 241 of the Indian Succession Act, 1925, has been filed alleging that Ms. Esther Chawner, was a permanent resident of Ywca, 4, New Cantonment Road, Dehradun (U.P.) and she died on August 4, 1995. At the lime of the death the deceased was domiciled in England and Wales. During her life time Ms. Esther Chawner executed :i Will dated April 28,1972 and Codicil dated March 5, 1988 and appointed Anz Grindlays Bank plc as the executor and trustee of her Will. It is further alleged that the aforementioned Will and the Codicil were duly approved and registered in the Principal Registry, District Probate Registry at Winchester and probate was granted in favor of Anz Grindlays Bank pic of Minerva House, Montague Close, London Sei 9DH on March 28,1996. Sole beneficiary under the aforesaid Codicil dated March 5,1988, in respect of the residue estate of the deceased is the Sharp Memorial Blind School of Rajpur, Dehradun. During her life time deceased was having the following accounts with Anz Grindlays Bank pic, 10, Sansad Marg, New Delhi :

Account No. Amount 101CBP-OO - current a/e 4,43,308.80P 201FBP-02 - fixed deposited 15,000.00 301FBP-03 - fixed deposit 60,000.00 401FBP-04 - fixed deposit 20,500.00 Total: 5,38,808-90

(2) Petitioner being the sole executor of the aforementioned Will and Codicil of the deceased, desires that the assets/estate of the deceased in India be administered by it. It was prayed that Letters of Administration with copy of authenticated Will dated April 28, 1972 and Codicil dated March 5,1988 may be granted in favor of the petitioner-Bank.

(3) In support of the averments made in the petition, affidavit dated September 30,1996 of Sanjay Gupta, general attorney of the petitioner, has been filed. Annexure B is the authenticated copy of the Will dated April 28,1972 while Annexure C is that of the Codicil dated March 5, 1988 filed Along with the petition. Annexure D is the authenticated copy of the order passed by the High Court of Justice District Probate Registry at Winchester dated March 28, 1996 also filed Along with the petition.

(4) Section 228 of the Indian Succession Act, which is relevant provides 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". It being a case fully covered by said section, the petitioner may be granted Letters of Administration with copies of the authenticated filed. (Annexure B) and Codicil (Annexure C).

(5) Since the provisions contained in Section 241 of the Act are not attracted in this case, Letters of Administration cannot be issued in the name of Sanjay Gupta, attorney of the petitioner.

(6) For the foregoing discussion. Letters of Administration is granted in favor of the petitioner-Bank with authenticated copies of the Will (Annexure B) and Codicil (Annexure C) annexed therewith in regard to the assets/estate of the aforesaid deceased in India.