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Madras High CourtOP/188/2019allowed

Edakandyil Raghu Kumar v. No Respondent

2019-08-01Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 01ST DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.188 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of the certified copy of Probate granted by the High Court of The District Probate Registry at Winchester, United Kingdom on the 27th day of April 2009 along with certified copy of Last Will and Testament dated 29.12.2006 of Smt.Kanakam Ramachandra(Deceased) Mr.EDAKANDYIL RAGHU KUMAR, 26, Manor View, London N3, United Kingdom, through his Power of Attorney Mr.Chandrasekhar Dattatri, Plot No.40, Door No.11, 3rd Street, Thiruvanmiyur, Chennai-600041.

..Petitioner Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration with the certified copy of the probate dated 27.04.2009 along with Will granted by the High Court of Justice, The District Probate Registry at Winchester, London to the Power of Attorney of Petitioner for use and benefit of his Principal, limited until the Principal get the grants for himself to have effect throughout the Union of India. This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of Letters of

Administration with the certified copy of Probate order dated 27.04.2009 granted by the High Court of Justice, The District Probate Registry at Winchester, London with Will annexed in respect of the Will dated 29.12.2006 of late Kanakam Ramachandra who died on 27.01.2007 at Chennai.

2. The said Testator had properties at Winchester, London, U.K as well as deposits in Chennai. The High Court of Justice, The District Probate Registry at Winchester, London have granted Probate in respect of the properties dealt with under the Will lying within the jurisdiction of Courts at London. The petitioner has been appointed as executor under the said Will.

3. The Power of Attorney agent of the petitioner has been examined as PW1. He has produced the death certificate of the Testator as Ex.P1. The certified copy of the order dated 27.04.2009 granted by the High Court of Justice, The District Probate Registry at Winchester, London as Ex.P2. The copy of the Power of Attorney dated 25.09.2015 executed by the petitioner in his favour has been marked as Ex.P3.

4. The Will has been proved before the Courts at London after examination of the attesting witness. Publication have also been effected and no objections have been received.

5. Considering the evidence available and fact that the competent Court of London, namely the High Court of Justice, The District Probate Registry at Winchester, London has granted Probate. I find that the petitioner has

proved the Will and he is entitled to Letters of Administration with a copy of the Will annexed.

6. In view of the above, the Original Petition is allowed granting Letters of Administration with the certified copy of the order dated 27.04.2009 granted by the High Court of Justice, The District Probate Registry at Winchester, London with Will annexed in favour of the petitioner. The petitioner shall execute a security bond for a sum of Rs.10,000/- (Rupees ten thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras.

Sd/.R.S.M.J 01.08.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/12.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.