SATYA DEV BHARAL vs KRISHN DEV BHARAL & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2025 Pronounced on: 08.08.2025 + FAO(OS) 258/2017 SATYA DEV BHARAL .....Appellant Through: Mr.Madan Lal Sharma, Ms.Tejaswini Verma, Mr.Priyankar Kaushik and Mr.Vikrant Malwal, Advs. versus KRISHN DEV BHARAL & ORS .....Respondents Through: Mr.S.K. Bhaduri, Ms.Shreyanjana Bag, Ms.Rimpy Rohilla, Advs. for R-1-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT NAVIN CHAWLA, J. 1. This appeal has been filed by the appellant, challenging the judgment dated 08.08.2017 passed by the learned Single Judge of this Court in TEST.CAS.03/2002, titled Krishan Dev Bharal & Anr. v. State & Ors., allowing the said petition filed by the respondent nos.1 and 2 herein, granting them Probate in respect of the Will dated 26.07.1994 executed by late Shri Bhadar Sain (Ex.PW-2/1) (hereinafter referred to as, „subject Will‟) in favour of the respondent nos.1 and 2. 2. The respondent nos. 1 and 2 had filed the above Probate Petition under Section 276 of the Indian Succession Act, 1925 (in Signature Not Verified Digitally Signed FAO(OS) 258/2017 Page 1 of 31 By:REYMON VASHIST Signing Date:11.08.2025 17:28:29 short, „ISA‟), praying for grant of Probate/Letter of Administration in respect of the moveable and immoveable properties bequeathed in their favour by late Shri Bhadar Sain (hereinafter referred to as, „Testator‟), by way of the subject Will. 3. It was claimed that the Testator had passed away on 08.01.2000, having executed the subject Will in full senses and sound disposing mind, out of his free will, and without any undue pressure, influence and coercion from any corner whatsoever. 4. The petition was accompanied with an affidavit of one of the attesting witnesses, Shri Dhan Singh, who was later