Delhi HC Grants Widow Letters Of Administration For Late Husband’s Indian Investments On Basis Of Texas-Probated Will

The deceased, Vasant Narayan Vijayvergiya, was domiciled in Texas and executed a Will there on 18 February 1997, naming his widow, Sudha Gupta Vijayvergiya, as beneficiary.

After his death in 2017, a Texas court admitted the Will to probate and issued Letters Testamentary in her favour.

The deceased had investments in India through Kotak Mahindra Bank, which declined to release them on the basis of the Texas probate and sought an Indian grant.

The petitioner therefore applied under Section 228 of the Indian Succession Act, 1925, for Letters of Administration; the deceased’s two sons had no objection.

Section 228 of the Indian Succession Act, 1925, permits Letters of Administration with an authenticated copy of a Will annexed where the Will has been proved and deposited in a court of competent jurisdiction beyond the limits of the State, whether within or outside India.

In Sameer Kapoor v. State through SDM South, New Delhi, (2020) 12 SCC 480, the Supreme Court held that where a Will has already been proved by a competent court within the meaning of Section 228, it need not be proved again in the Indian proceedings; Section 228 provides an additional route to obtain Letters of Administration on the basis of the authenticated copy.

The petitioner also relied on Section 13 of the Code of Civil Procedure, 1908, concerning the recognition of foreign judgments, but the court’s stated reasoning rested on Section 228 and Sameer Kapoor.

The Texas court’s order recorded that it had jurisdiction over the estate, that the Will had been validly executed and not revoked, and that the Will was admitted to probate; the petitioner also produced the court-issued Letters Testamentary and a certified copy of the Will.

Applying Section 228 and Sameer Kapoor, the Delhi High Court held that the Will did not require proof afresh in India.

The bank’s valuation report identified a portfolio worth ₹68,70,283 as of 23 September 2022, supporting a grant covering the investments and returns accrued until release.

The petitioner was granted Letters of Administration in respect of the deceased’s investments in L&T Flexi Cap Fund Regular or any other investment, together with interest or returns accrued until release, subject to payment of the requisite court fee.

No administrative or surety bond was required because the petition was uncontested and no objection had been raised.