Sucha Singh Flora v. The General Public

CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR PRESENT: Mr. R.B.S. Chahal, Advocate for the petitioner. NIRMALJIT KAUR, J. This is a petition under Section 228 of the Indian Succession Act, 1925 for the grant of Letters of Administration in respect of Will dated 16-08-2005, executed by Hardial Singh Lyall and probated in the High Court of Justice, The District Probate Registry at Oxford, U.K. on 26-02-2009. Notice in the petition was issued for 20-07-2009 and notice of this petition was also ordered to be published for service upon general public in two Newspapers, one in Punjabi and one in English, having circulation particularly in the area of Chandigarh, Mohali and Nawanshahar. As per the Office report, publication was made in the Tribune (English) and The Punjabi Tribune. None from the general public has put in appearance. Hardial Singh Lyall expired at Mohali on 14-12-2007. In support of the petition, an affidavit has been filed by R.B.S. Chahal, Advocate, Punjab and Haryana High Court, Chandigarh, stated to be Probate No.1 of 2009 -2- authorized by Gurbaksh Kaur Flora, G.P.A. Resident of 1 Shetland Road, Leicester LE4 6RS U.K. A photocopy of the General Power of Attorney by Sucha Singh Flora, petitioner in favour of Gurbaksh Kaur Flora, has also been filed.

It is stated in the application, supported by an affidavit of learned counsel appearing for the petitioner, that Hardial Singh Lyall was a person of Indian Origin who had immigrated to U.K. He had subsequently acquired a British Passport and owned properties, both in England and India. He expired at Mohali on 14-12-2007. A copy of his death certificate has been placed on record as P-1. Hardial Singh Lyall executed a Will dated 16-08-2005 which was his last Will and testament. It was duly executed by the testator through a Law Consultant in U.K., and witnessed as per the requirements of law. The Will was probated in the High Court of Justice, The District Probate Registry at Oxford, U.K. on 26-02-2009. The probate was granted in favour of the petitioner-Sucha Singh Flora, who was appointed an executor of the Will by the testator Hardial Singh Lyall along with one Harjodh Singh Sagoo of 54 Ingle Avenue, Leeds, U.K. qua whom the power was reserved.

Learned counsel for the petitioner-Mr. R.B.S. Chahal has also placed on record the Grant of Representation (probate) to the Executor Sucha Singh Flora of 1 Shetland Road, Leicester LE4 6RS on behalf of the estate of Hardial Singh Lyall issued by the District Probate Registry at Oxford on the 26th day of February 2009 along with the authenticated copy of the last Will and Testament of Hardial Singh Lyall also issued by the District Probate Registry at Oxford on the 26th day of February 2009, duly certified by the Notary Public, 146 Melton Road, Leicester, LE4 5EG, England. All these three documents i.e. Certificate of Notary Public Esther Ann Mansfield of 146 Melton Road, Leicester LE4 5EG, England Probate No.1 of 2009 -3- and Wales, certifying the probate issued by the High Court of Justice, The District Probate Registry at Oxford, U.K. as well as copy of the last Will and testament of Hardial Singh Lyall as Exhibit `A' (colly.) with further page marked from page 1, 1-A to 7, are taken on record.

Section 228 of the Indian Succession Act, 1925, which is relevant, reads as under :-

228. Administration, with copy annexed, of authenticated copy of Will proved abroad When a Will have 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.

The case is fully covered by the said Section. No one has appeared to contest the present petition under Section 228 of the Indian Succession Act, 1925 for the grant of Letters of Administration to the petitioner-Sucha Singh Flora. There is no impediment in the grant of the Letters of Administration. The probate as well as the copy of the authenticated Will is duly placed on record, as required. Accordingly, the petitioner-Sucha Singh Flora resident of 1 Shetland Road, Leicester LE4 6RS U.K and C/o H.No.50, Sector 10-A, Chandigarh, is granted Letters of Administration with authenticated copies of the Grant of Representation as well as the Will of Hardial Singh Lyall, Ex. `A' (colly.) marked as Page 1, 1-A to 7. (NIRMALJIT KAUR) JUDGE July 21, 2009 gurpreet Whether to be referred to the Reporter : Yes / No