NIRMAL BHATLA & ORS. vs STATE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 28.11.2025 Judgment pronounced on: 05.12.2025 + FAO 206/2004 & CM APPL 34048/2023 NIRMAL BHATLA & ORS. .....Appellants Through: Mr. Sudhanshu Batra, Senior Advocate with Mr. Bhuvan Gugnani, Mr. Rupender Sharma, Advocates. versus STATE & ORS. .....Respondents Through: Mr. B.K. Sood, Mr. Manik Sood and Ms. Jyotsna Bhardwaj, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Order XLIII Rule 1 of the Civil Procedure Code, 1908, (the CPC) read with Section 299 of the Indian Succession Act, 1952, (the ISA) assails the judgment dated 25.05.2004 passed by the learned Additional District Judge, Delhi in PP no. 339/85 granting probate of a Will dated 23.04.1984 Signature Not Verified FAO 206/2004 Page 1 of 42 Signed By:KOMAL DHAWAN Signing Date:05.12.2025 14:29:55 alleged to have been executed by late Dr. A.N. Khosla (the testator), who passed away shortly thereafter on 29.05.1984. 2. In this appeal, for convenience and clarity, the parties are being referred to in the same rank as they appeared in the original probate proceedings. 3. The essential facts emerging from the records necessary for the adjudication of the matter are :- The testator is survived by one son, i.e., the petitioner and six daughters, the respondents/objectors. The Will propounded by the petitioner pertains principally to the residential property situated at Japura-B, New Delhi, along with certain movable assets. It is an admitted position between the parties that another immovable property situated at Sunder Nagar, New Delhi, had already been transferred in favour of the petitioner during the lifetime of the testator. 3.1 The petitioner’s case is that his father