JUDGMENT : K. RAJASEKAR, J. 1. This appeal has been filed challenging the order of dismissal passed by the Succession Court in Probate O.P. No. 147 of 2019, dated 28.04.2022 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 Section 228 of The Indian Succession Act, 1925, seeking issuance of Ancillary Probate in respect of the Will dated 12.06.2013 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, dated 12.06.2013 and died on 04.04.2016 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 dated 28.04.2016. 4. Since the properties were situated within the jurisdiction of the Chengalpattu District, the petitioner has filed the present petition seeking Ancillary Probate through a Power Agent namely Srirama Krishnan Rayineedi S/o Baskara Rao. 5. Before the Probate Court, the respondent submitted a ‘No Objection Certificate” by engaging an Advocate on her behalf. After enquiry, the Probate Court dismissed the relief on the ground that the petitioner was not personally appeared, no Will was produced and no steps to prove the Will was taken up by the petitioner in the manner known to law. 6. Aggrieved over the same, the present appeal has been filed by the appellant. 7. The learned counsel appearing for the appellant submitted that the original Will was already probated before the Foreign Court i.e., Middlesex County Surrogate's Court, State of New Jersey and after enquiry, an order of Probate, dated 28.04.2016, which is referred as Letters of Testamentary Certificate and an Executor Certificate were issued in favour of the appellant herein. 7. The learned counsel appearing for the appellant submitted that the original Will was already probated before the Foreign Court i.e., Middlesex County Surrogate's Court, State of New Jersey and after enquiry, an order of Probate, dated 28.04.2016, which is referred as Letters of Testamentary Certificate and an Executor Certificate were issued in favour of the appellant herein. Since the properties were situated in Chengalpattu District, the appellant has come forward with this present appeal and prayed for Ancillary Probate by invoking Section 228 of the Indian Succession Act, 1925. Since original Will is already probated, producing the same and necessity of proving the Will once again does not arise. To buttress his argument, he relied on the order passed by the Court in O.P.No.362 of 2023, dated 20.07.2023. 8. The respondent herein was served with notice and the learned counsel also entered appearance, however she has not appeared today (27.11.2024). Since respondent has already submitted “No Objection” before the Probate Court, I am inclined to proceed further for passing Judgment in this appeal. 9. Section 228 of the Indian Succession Act, 1925 empowers the Court to grant Letters of Administration with the copy of the Will which was proved in Abroad and authenticated it reads as follows: “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. As per Section 228 of the Indian Succession Act, 1925, once the Will stands proved and deposited in Court of Competent Jurisdiction situated beyond the limits of India, and properly authenticated copy of the Will is proved, Letters of Administration may be granted with the authenticated copy of the Will. This Section is invoked by the petitioner to dispense with production of the original Will. This provision supports the case of the appellant herein that, the performer or the person in whose favour the property is bequeathed is entitled to get ancillary probate from the Court which is having jurisdiction over the properties situated in India. This Section is invoked by the petitioner to dispense with production of the original Will. This provision supports the case of the appellant herein that, the performer or the person in whose favour the property is bequeathed is entitled to get ancillary probate from the Court which is having jurisdiction over the properties situated in India. In this case, the properties are situated at Chengalpattu District and also by examining power agent the documents such as Certificate Copy of the Will, Executor Certificate and letters of Testamentary Certificate issued by the Middlesex County Surrogate's Court, State of New Jersey, dated 28.04.2016 were respectively marked as Ex.P5 to Ex.P7. 11. In Rohini Damji Sidpra vs. Frency Damji Sidpra,  2001 (10) SCC 588 the Apex Court has approved the view taken by the Delhi High Court, that, grant of Ancillary Probate is permissible under Section 228 of the Indian Succession Act, 1925, when Will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State of India. 12. This Court in Re: Wilfrid Hazell Sell, AIR 1940 Mad 680 has held that, it is not necessary under Section 228 of the Indian Succession Act, 1925, that the petition shall be filed by the executor himself. It is not the intention of the legislature to compel an executor, who resides in abroad to come to India to take out Letters of Administration, when he has obtained the same from the Competent Court in his Country. The proof of Will required under Section 228 of the Indian Succession Act, 1925, is quite different from the proof of Will, when it is to be proved under Section 276 of the Indian Succession Act, 1925. 13. The Division Bench of this Court in Alagammai and others vs. V. Rakkammal, 1991 SCC Online Mad 153 , has held that, under Section 228 of the Indian Succession Act, the Probate granted by a Foreign Court shall be supplemented by the Ancillary Probate and same is a judgment in rem. 14. In the case in hand, the Probate Court has taken the view that the Will has to be proved before granting Ancillary grant. The Probate Court has not considered the object behind Section 228 of the Indian Succession Act, 1925, which permits the Probate Court to grant Letters of Administration to follow different Probate to grant Letters of Administration. 14. In the case in hand, the Probate Court has taken the view that the Will has to be proved before granting Ancillary grant. The Probate Court has not considered the object behind Section 228 of the Indian Succession Act, 1925, which permits the Probate Court to grant Letters of Administration to follow different Probate to grant Letters of Administration. Since Section 228 of the Indian Succession Act, 1925, itself clarifies that a Will which was already proved and deposited before the Court of competent jurisdiction within or beyond the limits of India, there is no impediment in issuing Ancillary Probate based on authenticated copy of such Will. In this case, as stated by the learned counsel, already the Will was produced before the Competent Court and Ex.P6 and Ex.P7 has already been issued and therefore, the Probate Court, based on the above exhibits shall issue, Ancillary Probate as prayed for by the appellant herein. It is not necessary that, the executor of the Will to be present personally for enquiry and give evidence to prove the fact that he is producing the authenticated copy of Will. The Power Agent who represented the petitioner before the Probate Court herein is competent to present petition under Section 228 of the Indian Succession Act, 1925 and to seek Ancillary Probate herein. 15. In view of the discussions above, I am of the view that the order passed by the Principal District Judge, Kancheepuram at Chengalpattu, dated 28.04.2022 in Probate Original Petition No.147 of 2019 is not sustainable and the petitioner herein is entitled to Ancillary Probate as prayed for. 16. In the result, the Civil Miscellaneous Appeal is allowed. The order passed in Principal District Judge, Kancheepuram at Chengalpattu dated 28.04.2022 in Probate O.P.No.147 of 2019 is hereby set aside and consequently, the Probate Court is directed to issue Ancillary Probate. There shall be no order as to costs in the present appeal.