UDAYA KUMAR KAMATH vs GOVERNMENT OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12th March, 2025 Pronounced on : 02nd April, 2025 + TEST.CAS. 3/2023 UDAYA KUMAR KAMATH .....Petitioner Through: Mr. Harsha Gollamudi & Mr. Vishal Kapoor, Advocates versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGEMENT ANISH DAYAL, J. 1. The present petition has been filed under Section 276 of the Indian Succession Act, 1925 (‘the Act’), seeking grant of probate of Will dated 23rd April 2021, executed and signed by Late Ms. S.R. Sarasvati (‘Testatrix/Deceased’). 2. The Will was executed in the presence of two attesting witnesses, namely Mr. Ravinder Kumar Rai and Mr. Anil Bhatia. Petitioner was appointed as the executor of the said Will by the deceased. 3. The Testatrix passed away on 27th April 2021. A copy of the death certificate of the Testatrix issued by North Delhi Municipal Corporation has been placed on record as Exhibit PW 1/2. Signature Not Verified Digitally Signed By:MANISH KUMAR TEST.CAS. 3/2023 1 of 10 Signing Date:04.04.2025 18:50:03 4. The deceased remained unmarried during her lifetime and, therefore, had no children at the time of her demise. The deceased had two sisters and two brothers. 5. Late Sh. S.S. Ramakrishnan, father of the Testatrix, purchased property no. A-55 total measuring 207.5 sq.yds. situated in Inderpuri, New Delhi from Sh. Som Dev Chandna vide Sale deed registered as document No.1916 in Addl.Book No. 1 Volume No.1082 on pages 160 to 165 registered on 16th May 1969, in the office of Sub Registrar-II, New Delhi. He died on 25th August 1994, and his wife Late Mrs. Savitri passed away intestate on 20th August 1987, leaving behind three daughters and two sons. 6. Further, the above-mentioned property fell into the share