ANZ GRINDLAYS BANK PLC Vs. STATE

JUDGEMENT

(1.) This petition under Section 228 read with Section 24] of the Indian Succession Act, 1925, has been filed alleging that Ms. Esther Chawner, was a permanent resident of YWCA, 4, New Cantonment Road, Dehradun (U.P.) and she died on August 4, 1995. At the lime of the death the deceased was domiciled in England and Wales. During her life time Ms. Esther Chawner executed :i Will dated April 28,1972 and Codicil dated March 5, 1988 and appointed ANZ Grindlays Bank plc as the executor and trustee of her Will. It is further alleged that the aforementioned Will and the Codicil were duly approved and registered in the Principal Registry, District Probate Registry at Winchester and probate was granted in favour of ANZ Grindlays Bank pic of Minerva House, Montague Close, London SEI 9DH on March 28,1996. Sole beneficiary under the aforesaid Codicile dated March 5,1988, in respect of the residue estate of the deceased is the Sharp Memorial Blind School of Rajpur, Dehradun. During her life time deceased was having the following accounts with ANZ Grindlays Bank pic, 10, Sansad Marg, New Delhi : <FRM>JUDGEMENT_175_DLT71_1998Html1.htm</FRM>

(2.) Petitioner being the sole executor of the aforementioned Will and Codicil of the deceased, desires that the assets/estate of the deceased in India be administered by it. It was prayed that Letters of Administration with copy of authenticated Will dated April 28, 1972 and Codicil dated March 5,1988 may be granted in favour of the petitioner-Bank.

(3.) In support of the averments made in the petition, affidavit dated September 30,1996 of Sanjay Gupta, general attorney of the petitioner, has been filed. Annexure B is the authenticated copy of the Will dated April 28,1972 while Annexure C is that of the Codicil dated March 5, 1988 filed alongwith the petition. Annexure D is the authenticated copy of the order passed by the High Court of Justice District Probate Registry at Winchester dated March 28, 1996 also filed alongwith the petition.