PARMESHWARI DEVI vs STATE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 24 March 2025 Judgment pronounced on: 24 April 2025 + FAO 21/2009 & CM APPL. 13585/2010, CM APPL. 33941/2017 SMT. PARMESHWARI DEVI (DECEASED) THROUGH LRs .....Appellant Through: Mr. Shailender Dahiya, Adv. versus THE STATE & ORS. .....Respondents Through: Mr. B.S. Yadav, Adv. for LRs of R-2 and R-3. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant (now deceased) had preferred this appeal under Section 299 of the Indian Succession Act, 1925 [hereinafter “the Act”] against the order dated 01.12.2008 passed by learned Additional District Judge-05, West District, Tis Hazari Courts, Delhi [“Probate Court”] refusing to grant probate of the Will dated 04.10.2004. FACTUAL BACKGROUND 2. Shorn of unnecessary details, appellant, Smt. Parmeshwari Devi, was the widow of the deceased, Shri Sube Singh. Shri Sube Singh was previously married to Smt. Angrej Kaur, who passed away, leaving behind two children, Satbir (respondent No.2) and Smt. Azad Kaur. After her demise, Shri Sube Singh married the appellant, and Signature Not Verified FAO 21/2009 Digitally Signed By:PRAMOD Page 1 of 20 KUMAR VATS Signing Date:24.04.2025 16:29:54 they had three sons—Jagbir, Raj Singh, and Ranbir Singh and one daughter, Miss Kaushalya Devi. 3. During his lifetime, Shri Sube Singh was the sole and exclusive owner of the agricultural land measuring 12 Bighas and 11 Biswas in khasra No.44/9 (3-12), 12 (4-16), 19 (4-3), khata Khatauni No. 584, situated in the revenue Estate of village Alipur, Delhi. He had also applied for compensation under an award and maintained a savings account with Allahabad Bank, Alipur. On 04.10.2004, Shri Sube Singh executed a registered Will, bequeathing his land to the appellant. The Will also st