JAWAHARLAL MALHOTRA & ANR vs STATE & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 16.12.2025 Judgment pronounced on:20.12.2025 + FAO 48/2014 JAWAHARLAL MALHOTRA & ANR .....Appellants Through: Mr. Rajeev Saxena, Sr. Advocate along with Mr. K.K. Srivastava, Ms. Megha Saxena, Ms. Shreya Bhatnagar, Advocates. versus STATE & ORS .....Respondents Through: Ms. Shobhana Takiar along with Mr. Kuljeet Singh and Mr. Shivam Takiar, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This is an appeal under Section 299 of the Indian Succession Act, 1925 (the ISA) filed by respondent no. 4, 10 & 11 in Probate Case no. 20 of 2003 on the file of Learned ADJ, Central District, Delhi aggrieved by the order dated 29.10.2013 by which the probate petition was allowed and a letter of administration granted to the petitioner. Respondent no. 4 and 10 died during the pendency of the proceedings and hence their legal Signature Not Verified Signed By:KOMAL FAO 48/2014 Page 1 DHAWAN Signing Date:22.12.2025 12:44:58 representatives/heirs have been brought on record. 2. In this appeal, unless otherwise specified, the parties will be referred to as described in the original petition. 3. The facts relevant to the present appeal are as follow: Late Jugal Kishore, son of late Lajja Ram, was the owner of property bearing no. 2271, Gali No. 69, Naiwala, Karol Bagh, New Delhi. He died on 04.01.1997. Jugal Kishore was survived by four sons, i.e., respondents 3 to 5 and the original petitioner, namely, Ajudhya Prakash and three daughters, that is, respondents 6 to 8. 3.1. The probate petition was instituted on 02.06.1998 by one of his sons, Ajudhya Prakash, alleging that his father had executed a Will dated 18.09.1995, which was registered on 05.02.1996 before the Sub-Registrar