NARAIN MALIK Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 228 of the Indian Succession Act, 1925 seeking letter of administration in respect of the properties of late Nalin Malik located within the territorial jurisdiction of this Court.

(2.) The petitioner is the wife of late Nalin Malik, who died on 06.05.2013 in New Jersey, USA. The death certificate issued by USA authorities is annexed to the petition. It is also averred that the father of the deceased Nailn Malik namely late Shri Amar Nath Malik had expired on 05.12002 and his mother Mrs. Sushila Malik had expired on 27.11.2011 in New Jersey. Late Mr. Nalin Malik had executed a Will dated 103.2008 during his lifetime. As per the said Will, the testator had bequeathed all his estate and effects in favour of petitioner. Besides, the petitioner herein, there are two more legal heirs of late Nalin Malik being their sons namely Neeraj Malik and. Rajiv Malik arrayed as respondent Nos.1 & 2 respectively.

(3.) The aforesaid Will dated 12.02008 was filed/deposited in the Surrogate's Court of Hudson County, New Jersey, USA; and thereafter duly proved and probated on 31.05.2013 before the said Court being the Last Will and Testament of late Nalin Malik. The said Court was the Court of competent jurisdiction and the Will was probated vide judgment dated 31.05.2013 in accordance with law. The said Will dated 12.02008 is now a part of the records of the said Court. The said Court had also issued Letters of Administration dated 04.06.2013 in favour of the Petitioner. Further, the Will dated 12.02008 was not disputed or contested by anyone before the Surrogate's Court of Hudson County, New Jersey, USA. Upon grant of Letters of Administration by the Surrogate's Court of Hudson County, New Jersey, USA, the Petitioner had realized the estate of deceased Nalin Malik which was situated in USA. It is also claimed that there are properties/estate of deceased Nalin Malik, which are located within territorial jurisdiction of this Court as per the schedule of properties Annexure 'A' has been filed with the petition. As per schedule there is a vacant plot of land admeasuring about 324 square meters being Plot No.29, Bhirochi Cooperative House Building Society Limited, Bhera Enclave, New Delhi - 110087. There are bank deposits with the State Bank of India, Parliament Street, New Delhi.