M.ARUNA BHARATHI Vs. M.MANICKAMA

JUDGEMENT

(1.) This appeal has been filed challenging the order of dismissal passed by the Succession Court in Probate O.P.No.147 of 2019, dtd. 28/4/2022 wherein, the relief for seeking Ancillary Probate was rejected.

(2.) The appellant herein is the petitioner in the Original Proceedings and she had come forward with the petition under Sec. 228 of The Indian Succession Act, 1925, seeking issuance of Ancillary Probate in respect of the Will dtd. 12/6/2013 executed by Late M.Nagaeswara Rao Mandava.

(3.) According to the petitioner, the respondent herein is the mother and the testator of the Will is her husband namely Late M.Nagaeswara Rao Mandava, who executed the registered Will, dtd. 12/6/2013 and died on 4/4/2016 at U.S.A. This Will was also notified by the State of New Jersey, USA on the date of execution, and properties situated in India (scheduled mentioned property) in favour of the petitioner herein. After the death of testator, the appellant has approached the Middlesex County Surrogate's Court, State of New Jersey, USA seeking Executor Certificate and Letters of Testamentary Certificate. After enquiry, the Court has accepted the case of the appellant and issued both Executor Certificate-Ex.P6 and Letters of Administration Certificate-Ex.P7 dtd. 28/4/2016.