IN THE HIGH COURT OF JUDICATURE AT PATNA Test Case No.2 of 2008 In the matter of an application under section 228 read with 241 of the Indian Succession Act, 1925. ======================================================= In The Goods Of Late Syed Fakhrul Abedin, Dr.Jayant Kishore Verma, S/O Late Rajeshwar Prasad, Partner, Patna Legal Services, 201, Shobh Shree Apartment, Patel Path, Sheikhpura, Patna-800014, P.S. Shashtrinagar, District- Patna, lawful attorney of Klara Dorothea Elisabeth Abedin alias Geb Blazejewski Abedin, and Syed Zainul Abedin, executors of the Will and Testament dated 11th September, 1987 of the Testator, Late Syed Fakhrul Abedin. ……. Petitioner/Applicant ======================================================== For the Petitioner/s : Mr. Amrendra Narayan, Adv. ======================================================== P R E S E N T HONOURABLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh,J: This application has been filed under section 228 read with section 241 of the Indian Succession Act, 1925 for grant of Letters of Administration of the estate and properties of Syed Fakhrul Abedin of 80 Whitmore Road, Harrow, Middlesex HA1 4AH, United Kingdom, on the basis of Will and Testament dated 11.9.1987 authenticated by the District Probate Registry, Winchester, under the High Court of Justice, United Kingdom (U.K.) on 15.2.2005 in favour of the named executors, his wife Klara Dorothea Elisabeth Abedin @ Geb Blazewski Abedin and his son Syed Zainul Abedin. The applicant claims to be the lawful attorney of the said executors Klara Dorthea Elisabeth Abedin @ Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 2 - Geb Blazewski Abedin and Syed Zainul Abedin. 2. Facts of the case, in short, are that the Testator of the Will, namely, Syed Fakhrul Abedin was born on 15.1.1930 in India and was a resident of Fraser Road, Patna before migrating to U.K. and becoming a British citizen. He had inherited and acquired movable and immovable properties in India as well as in U.K. He had executed his last Will and Testament on 11.9.1987 appointing his wife Klara Dorothea Elisabeth Abedin @ Geb Blazewski Abedin and his son Syed Zainul Abedin as executors of his Will for administration and management of all his movable and immovable properties in India and abroad. The testator died on 24.10.2004 in U.K. After his death, his wife and son applied for grant of Probate/Letters of Administration in the court of District Probate Registry, Winchester, under the High Court of Justice, U.K. and had deposited the original Will there. By order dated 15.2.2005, the court of District Probate Registry, Winchester, under the High Court of Justice, U.K. granted Letters of Administration in favour of wife and son of the testator. 3. It is stated in the application that in terms of the Will and testament dated 11.9.1987 and the Letters of Administration dated 15.2.2005 granted by the U.K. Court, the wife and son of the Testator also became entitled to inherit all his properties in India with full title, rights and interest. In that view of the matter, this Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 3 - application has been filed for grant of Letters of Administration/ Probate from this Court also on the basis of Probate granted by the court at U.K., so that they may use and manage the properties in India and get the fruits of the same. It is stated that the original Will has been deposited in the court of District Probate Registry, Winchester, U.K. 4. It is further stated that since both the wife and son of the testator are residing in U.K. and they are unable to come to India, they have appointed the applicant as their legal attorney to look after the matters in India and in this State. 5. A supplementary affidavit was filed by the applicant on 23.5.2008 bringing on record other Near Relatives, i.e. two daughters of the testator. One of them is living in U.K. whereas the other daughter is living in Iran. 6. By order dated 7.3.2008, applicant was directed to produce authenticated copy of the Will and properly executed power of attorney in his favour which was filed and kept on record. Applicant has also deposited Probate duty of Rs.30,000/- on 19.9.2008 through challan. Thereafter, by order of the Court dated 5.12.2008, general citation in two newspapers, namely, Patna editions of “The Times of India” and Hindi Daily “Dainik Jagaran” were published on 22.12.2008 and 25.12.2008 respectively. Special citations were also issued to the Near Relatives 3 Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 4 - and 4 the daughters. Applicant filed a supplementary affidavit bringing on record e-mails sent by the said Near Relatives confirming service of special citation. On the basis of said supplementary affidavit, special citations were accepted as valid. Thereafter, examination-in-chief of the applicant was filed and the evidence of the applicant was recorded on 2.4.2010. The applicant in his evidence stated that the wife and son of the testator have executed power of attorney dated 12.4.2007 in his favour. He stated that the last Will of the Testator was probated in England in February, 2005 by the District Probate Registry at Winchester, U.K. The original Will has been deposited in the said Court and Letters of Administration was granted in favour of wife and son of the Testator and on the basis of said Probate, they want to administer the properties of the deceased Testator in India also. Duly authenticated copy of the Probated Will has been filed in this case and marked as Ext.-1. The power of attorney given to the applicant has been marked as Ext.-2. The said power of attorney was also confirmed by the High Commission of India in U.K. by letter dated 4.10.2007 which has been marked as Ext.-4. The two married daughters of the deceased Testator, who are Near Relatives, have given their no objection through e-mail letters, which have been marked as Exts.-5 and 6. 7. On 7.5.2010, learned counsel for the applicant informed the Court that he does not wish to examine any Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 5 - other witness. Thereafter, evidence was closed and the case was fixed for arguments. 8. I have heard the arguments of learned counsel for the applicant. This application has been filed under section 228 read with section 241 of the Indian Succession Act, 1925. Section 228 of the Act 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.” Section 241 of the Act reads as follow : “241. Administration, with Will annexed, to attorney of absent executor.- When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the Will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself.” 9. Applicant has produced duly authenticated Will of the Testator from which it is established that the probate of the Will has been granted by the District Probate Registry at Winchester, under the High Court of Justice, (U.K.). Thus, genuineness of the Will stands established by a competent court of law. It has been submitted that the original Will is deposited in the said District Probate Registry at Winchester. Hence, the applicant has produced authenticated copy of the Will. In the Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 6 - circumstances, this Court finds that requirement of section 228 of the Act stands complied with by the applicant. 10. Applicant has also filed an authenticated copy of the duly executed power of attorney by the executors in his favour. The genuineness of the power of attorney has been confirmed by the High Commission of India in U.K. by letter dated 4.10.2007, marked as Ext.-4. It shows that the two executors of the Will, namely, wife and son of the deceased Testator have duly executed power of attorney in favour of the applicant for management of the property in India for their benefit. In the circumstances, since it is stated that the executors are not in a position to present themselves in this Court to pursue this application, this Court finds that power of attorney is in conformity with the requirement of section 241 of the Act. 11. Notices were issued to the Near Relatives and general citations were also published but no objection has been received from any corner in respect of the prayer of the applicant for grant of letters of administration to him in respect of the Will on behalf of the executors named in the Will for the purposes of management of the property for their benefit. „No objections‟ of the Near Relatives through e-mail were received which have been marked as Exts.-5 and 6. 12. in the circumstances, this Court finds that the application of the applicant for grant of letters of Patna High Court TEST CASE No.2 of 2008 dt.23-12-2011 - 7 - administration to him, on behalf of the two executors of the Will, namely, Klara Dorothea Elisabeth Abedin @ Geb Blazewski Abedin and Syed Zainul Abedin, i.e. wife and son of the deceased Testator, to enable him to manage the property in India for their benefit is in order and in accordance with law and there is no objection to it from any quarter. 13. As a result, this application is allowed. Let a letters of administration be issued in favour of the applicant covered by the Will (annexing the authenticated copy of the Will) strictly for the benefits of the executors name in the Will, namely, Klara Dorothea Elisabeth Abedin @ Geb Blazewski Abedin and Syed Zainul Abedin. ( Jayanandan Singh,J. ) Patna High Court The 23rd December, 2011 N.A.F.R./Pradeep