Sudha Gupta Vijayvergiya vs State
- Court
- Delhi High Court
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 23 September 2026
Pronounced on: 03 November 2026
# CNR No.: DHC010436462019
+ TEST.CAS. 82/2019
SUDHA GUPTA VIJAYVERGIYA .....Petitioner
Through: Mr. Mandeep Singh
Vinaik, Ms. Anjali
Sharma, Mr. S. K. Sagar,
Ms. Ragini Vinaik, Ms.
Hridyaa Singh, Ms. Naina
Samant, and Mr. Ashutosh
Singh, Advs.
versus
STATE .....Respondent
Through: Mr. Abhinav Sharma and
Mr. Ujjwal Jain, Advs.
CORAM:
HON'BLE MR. JUSTICE VINOD KUMAR
JUDGMENT
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VINOD KUMAR, J.
1. This is a petition filed under Section 228 of the Indian
Succession Act, 1925 (hereinafter, “the Act”) seeking the grant
of Letters of Administration in respect of the Will dated
18.02.1997 executed by the deceased-late Shri Vasant Narayan
Vijayvergiya, who died on 08.09.2017 in the State of Texas,
USA in favour of petitioner.
2. As per petition, late Shri Vasant Narayan Vijayvergiya was
permanently domiciled in State of Texas, USA. During his
lifetime, the deceased visited India and made certain investments
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Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
through his bank account at Kotak Mahindra Bank Ltd., New
Delhi.
According to the petition, the deceased executed his last
3.
Will and Testament on 18.02.1997 in the State of Texas, USA in
the presence of two attesting witnesses namely Lisa Goocher and
Shelley Concienne. The Will was also notarised in the State of
Texas, USA. Under the said Will, the petitioner-Ms. Sudha
Gupta Vijayvergiya, who is the widow of the deceased, was
appointed as the beneficiary of his estate. Thereafter, the
petitioner had filed an application in the County Court of Fort
Bend County, Texas, USA seeking probate of the Will dated
18.02.1997 in his favour.
4. The County Court of Fort Bend County, Texas, USA
granted probate of the Will in favour of the petitioner and issued
Letters Testamentary vide order dated 08.01.2018.
5. It is averred that the deceased had also invested amounts
with L&T Flexi Cap Fund Regular through his bank account at
Kotak Mahindra Bank Ltd., New Delhi. The current value of the
said investments is around Rs. 43,80,118.90/-. The petitioner
approached L&T Flexi Cap Fund Regular for release of the said
investment on the basis of the probate granted by the USA Court.
However, vide communications dated 22.03.2018 and
27.05.2018, L&T Flexi Cap Fund Regular declined to release the
investments in favour of the petitioner and asked her to get an
Indian probate or Letters of Administration. Consequently, the
petitioner instituted the petition.
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
6. It is submitted by learned counsel for the petitioner that the
deceased had two sons namely Vikram Vijayvergiya and Chetan
Vijayvergiya, who have given their no-objection to the grant of
Letters of Administration in favour of the petitioner. It is further
submitted that if a competent court outside India had already
examined the validity of the Will and granted probate, the Will is
not required to be proved afresh in proceedings under Section
228 of the Act. Learned counsel contends that Section 228 of the
Act provides a mechanism for obtaining Letters of
Administration in India on the basis of a testamentary grant made
by a competent court outside India. In support of his submissions,
learned counsel for the petitioner has placed reliance on the
judgment of the Supreme Court in Sameer Kapoor v. State
through SDM South, New Delhi, (2020) 12 SCC 480 .
7. Learned counsel for the petitioner submits that according
to judgment of the Supreme Court in R. Viswanathan v. Rukn-
ul-Mulk Syed Abdul Wajid, 1962 SCC OnLine SC 112 , the
probate granted by the foreign court must satisfy the
requirements of Section 13 of the Code of Civil Procedure, 1908.
It is submitted that the probate granted by the court in Texas
satisfies the requirements of Section 13 of the Code of Civil
Procedure, 1908 as the foreign court had competent jurisdiction,
considered the evidence and found the Will to have been validly
executed and not revoked. It was further submitted that no
circumstance demonstrating fraud, violation of principles of
natural justice or any other statutory exception have been
established in the case.
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
8. Heard learned counsels for the parties and have perused
the material placed on record.
9. First, it would be appropriate to reproduce Section 228 of
the Act, which reads 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.”
10. Perusal of this section is enough to show that when a Will
had already been probated before a competent court in a foreign
country, the competent court in India can issue Letters of
Administration on the basis of a properly authenticated copy of
the said Will. In this regard, I would like to reproduce relevant
paras of the Supreme Court judgment in Sameer Kapoor (Supra)
below:
“14.1. When an application under Section 276 of the Act
is submitted for probate or for letters of administration
with will, if any objection is raised by anybody with
respect to execution of the will, in that case, the applicant
is required to prove the will and thereafter the will shall
be probated and the court may pass an order for letters of
administration. However, in a case where a will has been
proved or deposited in a court of competent jurisdiction
situated beyond the limits of the State, whether within or
beyond the limits of India, in that case, as provided under
Section 228 of the Act, when a properly authenticated
copy of the will is produced, the letters of administration
may be granted in favour of such person. Meaning
thereby, in such a situation, the will is not required to be
proved again and it shall be conclusive. Therefore, Section
228 of the Act shall be an enabling provision and it
confers an additional right to apply for letters of
administration on the basis of such authenticated copy of
the will. Therefore, as rightly observed by the learned
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
Single Judge and the Division Bench that Section 228 is
akin to Section 276 of the Act.
…….
17. Therefore, considering the law laid down by this Court
in Kunvarjeet Singh Khandpur [Kunvarjeet Singh
Khandpur v. Kirandeep Kaur, (2008) 8 SCC 463] , it can
be said that in a proceeding, or in other words, in an
application filed for grant of probate or letters of
administration, no right is asserted or claimed by the
applicant. The applicant only seeks recognition of the
court to perform a duty. Probate or letters of
administration issued by a competent court is conclusive
proof of the legal character throughout the world. That the
proceedings filed for grant of probate or letters of
administration is not an action in law but it is an action in
rem. As held by this Court in Kunvarjeet Singh Khandpur
[Kunvarjeet Singh Khandpur v. Kirandeep Kaur, (2008) 8
SCC 463] : (SCC p. 468, para 15)
“15. … „16. … (c) … an application [for grant of
probate or letters of administration] is for the
court's permission to perform a legal duty created
by a will or for recognition as a testamentary trustee
and is a continuous right which can be exercised
any time after the death of the deceased, as long as
the right to do so survives and the object of the trust
exists or any part of the trust, if created, remains to
be executed.‟ [Ed.: As observed in Vasudev
Daulatram Sadarangani v. Sajni Prem Lalwani,
1983 SCC OnLine Bom 54, para 16.] ”
(emphasis supplied)
Therefore, even if the will is probated by any court
mentioned in Section 228 of the Act, right to get the letters
of administration is a continuous right which can be
exercised any time, as long as the right to do so survives
and the object of the trust exists or any part of the trust, if
created, remains to be executed.”
11. In light of the aforesaid judgment, the petitioner has placed
on record an order dated 08.01.2018 passed by County Court At
Law No. 2, Fort Bend County, Texas, USA probating the Will
dated 18.02.1997. The said order is reproduced as under:
“No.17-CPR-031139
IN THE ESTATE OF
§
§
§
IN COUNTY COURT AT LAW
VASANT NARAYAN VIJAYVERGIYA,
NO.2
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
§
§
§
DECEASED
FORT BEND COUNTY, TEXAS
ORDER PROBATING WILL AND
AUTHORIZING LETTERS TESTAMENTARY
On this day came on to be heard the Application filed herein by SUDHA GUPTA VIJAYVERGIYA on
November 27, 2017, for the probate of the Will of VASANT NARAYAN VIJAYVERGIYA, hereinafter
called Decedent, and for the issuance of Letters Testamentary.
The Court, after having heard and considered the evidence, finds that legal notices of the filing of
said Application have been issued and posted in the manner and for the length of time required by
law, and no one came to contest same; and it further appearing that said Will was executed on
February 18, 1997 with the formalities and solemnities and under the circumstances required by law
to make it a valid Will, was self-proved according to law during the lifetime of said Decedent; that
such Will has not been revoked or modified by Decedent; that Decedent died at Sugar Land, Fort
Bend County, Texas on September 8, 2017; that this Court has jurisdiction and venue over the estate
because Decedent was domiciled in Texas and had a fixed place of residence in Fort Bend County,
Texas at the time of his death, that four years have not elapsed since the death of Decedent or prior to
the said Application; that a necessity exists for the administration of this estate; that no state,
governmental agency of the state, nor charitable organization is named by the Will as a devisee; that
Decedent's Will named SUDHA GUPTA VIJAYVERGIYA to serve as Independent Executor to act
independently without bond or other security, and the said SUDHA GUPTA VIJAYVERGIYA is not
disqualified by law from serving as such or from accepting Letters Testamentary, and is entitled to
such letters.
IT IS THEREFORE ORDERED AND DECREED by the Court that said Will is hereby proved and
established and admitted to probate and recorded as the WILL of said VASANT NARAYAN
VIJAYVERGIYA, Deceased, and that SUDHA GUPTA VINAYVERGIYA be, and is hereby appointed
Independent Executor of said Will and Estate without bond.
IT IS FURTHER ORDERED by the Court that Letters Testamentary upon the Will and Estate of
VASANT NARAYAN VIJAYVERGIYA, Deceased, be and the same are hereby granted, that the Clerk
shall issue said Letters Testamentary to SUDHA GUPTA VIJAYVERGIYA, as Independent Executor,
when qualified according to law, and that no other action shall be had in this Court other than the
return of an Inventory, Appraisement and List of Claims, or an affidavit in lieu of the Inventory,
Appraisement and List of Claims, as required by law and the notice to distributees required by
Section 308.001 et seq. of the Texas Estates Code. No interested person has filed an application for
the appointment of appraisers, and appointment of appraisers by the Court is waived.
SIGNED this 8 day of Jan., 2018
______Sd/- __________________
JUDGE PRESIDING
APPROVED AS TO FORM:
/s/Axel Lindholm ____________
Axel Lindholm
Attorney for SUDHA GUPTA VIJAYVERGIYA
State Bar No.:24087929
4610 Sweetwater Blvd. Suite 200
Sugar Land, Texas 7479
Telephone: (281) 242-0995
Facsimile: (281) 941-2565
E-mail: [email protected]”
FILED FOR RECORD
NO _____ TIME 1:52 P.M.
JAN-8 2018
Sd/-
County Clerk Fort Bend co. Texas
12. The petitioner has also placed on record a copy of the
Letters Testamentary issued by the said Court, which is
reproduced as under:
“ L E T T E R S T E S T A M E N T A R Y
No: 17-CPR-031139
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
THE STATE OF TEXAS
COUNTY OF FORT BEND
} {
} {
} {
} {
IN THE COUNTY COURT
FORT BEND COUNTY, TEXAS
I, Laura Richard, Clerk of the County Court of Fort Bend County, Texas do, hereby certify that on the
8th day of January, 2018, Sudha Gupta Vijayvergiya was(were) duly granted by said Court, Letters
Testamentary of the Estate of Vasant Narayan Vijayvergiya, Deceased, and that she qualified as such
Independent Executor of said Estate on the 8th day of January, 2018, as the law requires, and that
said appointment is still in full force and effect.
Witness my hand and seal of office in Richmond, Texas this the 9th day of January, 2018.
LAURA RICHARD, COUNTY CLERK
FORT BEND COUNTY, TEXAS
By_______Sd/___________
Michael V. Coco , Deputy
LETTERS TESTAMENTARY
I:\PROBATE\LETTERS\TESTAMEN.DOC ”
13. Perusal of the said order shows that the Will dated
18.02.1997 executed by deceased-late Shri Vasant Narayan
Vijayvergiya was duly probated before the said court, which held
that the Will had been duly proved. Thus, the said court issued
probate in fovour of the petitioner herein as the independent
executor. Learned counsel for the petitioner has placed on record
physical certified copy of the Will as well as Letters
Testamentary issued by the County Court At Law No. 2, Fort
Bend County, Texas, USA, which I have perused.
14. Vide order dated 05.11.2019 and again on 01.08.2022, this
court directed the Manager, Kotak Mahindra Bank Ltd, 31,
Ambadeep Building, Ground Floor, 14, Kasturba Gandhi Marg,
New Delhi–110001 to file the valuation report in respect of the
investments made by Late Vasant Narayan Vijayvergiya, which
according to the petition was Rs. Rs. 43,80,118.90/- in 2019 . On
12.10.2022, the Assets Allocation Report was placed on record in
physical form by the Kotak Mahindra Bank Ltd.
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Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31
15. As per Assets Allocation Report dated 12.10.2022, bearing
CRN 19266525 filed by the Kotak Mahindra Bank Ltd., the total
portfolio valuation of the investments made by Late Vasant
Narayan Vijayvergiya as on 23.09.2022 was Rs. 68,70,283/-.
Now the valuation of the said investment must have increased
after 4 years. Acordingly, the petitioner-Ms. Sudha Gupta
Vijayvergiya is granted Letters of Administration in respect of
said investments, including interest or returns accrued thereon up
to the date of release, in L&T Flexi Cap Fund Regular or any
other investment, subject to payment of the requisite court fee.
16. Since the present petition is uncontested and no objection
has been raised to the grant of Letters of Administration in favour
of the petitioner, there is no requirement for the petitioner to
furnish any administrative or surety bonds.
17. The petition is allowed accordingly.
VINOD KUMAR, J
NOVEMBER 03, 2026 / VB/Sanskar
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Signature Not Verified
Signed By:PRAMOD
KUMAR VATS
Signing Date:06.11.2026
13:07:31