S. GURBACHAN SINGH vs THE STATE & ORS

Judgment text excerpt

$~105 & 106 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th, August, 2025 + FAO 7/2019 & CM APPL. 988/2019 S. GURBACHAN SINGH .....Appellant Through: Mr. Narender Sharma and Mr. Abhishek Sharma, Advocates versus THE STATE & ORS .....Respondent Through: Ms. Vaishali Gupta, Panel Counsel (Civil), GNCTD + FAO 80/2019 & CM APPL. 9106/2019 S SATINDER SINGH .....Appellant Through: Mr. Narender Sharma and Mr. Abhishek Sharma, Advocates versus THE STATE OF DELHI & ORS .....Respondent Through: Ms. Avni Singh, Panel Counsel for GNCTD CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Since identical issue has been raised in both the appeals, these have been taken up together. 2. Smt. Inderjit Kaur (since deceased) died on 27.03.2015. 3. Prior to her death, she had executed two different Wills. 4. As per one Will dated 01.02.2015, she bequeathed her movable properties in favour of her brother-in-law Sh. Gurbachan Singh and by virtue Signature Not Verified Digitally Signed FAO 7/2019 & FAO 80/2019 1 By:DINESH CHANDRA Signing Date:28.08.2025 17:19:14 of another Will executed same day, she bequeathed her other movable assets in favour of her nephew S. Satinder Singh. 5. Based on the aforesaid two Wills, both the aforesaid beneficiaries filed separate Probate Petitions under Section 272 of Indian Succession Act, 1925. 6. These were taken up by the learned Probate Court on 28.05.2018 and at the admission stage itself, before issuing any notice, these have been dismissed holding that these were not maintainable. It was observed that the testatrix was not legally competent to execute Will in respect of assets of her husband late Sh. Inderjit Singh Ahluwalia. 7. The sole grievance of the appellants is to the effect that no opportunity was granted to them to