Foreign will & probate
K RAJA
(Querist) 07 September 2015
This query is : Resolved
My uncle died in UK leaving a will. His daughter was made the sole Legatee/beneficiary of his House property in Chennai. This daughter/Legatee & a son were named as Executors of the will. The son as a named executor applied for Probate in UK & has been granted Probate.
Now, the scene shifts to India & more specifically to the Madras High Court. My query is- On the basis of the Will & the Probate granted in UK, can the Beneficiary/Legatee appoint me as her Attorney to seek Letter of Administration and all other related work connected with the disposal of the property & repatriation of the sale proceeds to her London Bank A/c. Thanks.
Dr J C Vashista
(Expert) 07 September 2015
It is a legal and valid decree passed by UK Court.
K RAJA
(Querist) 07 September 2015
Sir, Good Morning & thanks for replying.
Yes Sir, the Probate granted by the UK Court is perfectly legal.The Probate Court has stated that the Probate is granted to the Executor who made the application. It also has stated that the "Power reserved to another Executor" This another executor named in the will is also the Beneficiary/Legatee. My query is "Can the Beneficiary/Legatee appoint an attorney to represent her for obtaining the Letter of Administration from Madras High Court?"The property is located in Chennai. Thanks
Rajendra K Goyal
(Expert) 07 September 2015
He can engage a lawyer for proceedings in the court for obtaining letter of administration.
K RAJA
(Querist) 07 September 2015
Goyal Saab, Namaste. Thanks for your reply.
The Beneficiary/Legatee who is also an Executor is not in India. The Probate application was made by another Executor and is also abroad. The query is can the beneficiary/legatee who is also named as an Executor in the will appoint an attorney in India to approach the Madras High Court for letter of Administration & other related work in India.
Anupam Lahiri
(Expert) 07 September 2015
Dear K Raja,
One point is missing in the answer to your query. The issue relates to the will in respect of immovable property in Chennai.
The Will was made in London, but the subject immovable property is situated in India. In this situation, English Court cannot grant probate of such will. The power conferred on the District Judge where the property is situated.
So, you have to obtain probate in respect of the will from the District Judge.
K RAJA
(Querist) 07 September 2015
Hello Shri. Lahiri Ji, It seems I have not been clear about the matter. Please note that the Will had to be Probated in UK as the witness are in UK. The Will was drawn in UK. Probate has been done in UK by following the due process as per Probate Court of UK. Thanks for the reply.
Kumar Doab
(Expert) 07 September 2015
Agreed with Expert Mr.Lahiri.
Still for your satisfaction you may refer to:
Indian Succession Act, 1925: Sec: 57,213
Rajinder KumarAhuja9990725300
(Expert) 07 September 2015
Pl. email scan copy of the documents available with you to enable us to give solution of the problem
K RAJA
(Querist) 07 September 2015
Hello Kumar Doabji,
Thanks for the citation from the Indian Succession Act, 1925 : Sec 57,213. I understand that the High Court of Madras will have to be approached for obtaining a Letter of Administration on the basis of the UK Probated Will. My query still remains unanswered. The Executor who obtained the Probate & the Beneficiary are NRI and not in a position to come to India. Can the beneficiary give POA to me for approaching the Court to obtain Letter of Administration.
Kumar Doab
(Expert) 07 September 2015
Subsequent to the Indian Succession Act, 1925 : Sec 57,213.............You may also refer to Sec;228, 241
Thus you should be able to approach the Court to obtain Letter of Administration, based on POA given to you by the beneficiary.
You may now consult an able lawyer with all docs on record.
