PRABHA DEVI vs STATE & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 08.12.2025 Judgment pronounced on: 12.12.2025 + FAO 165/2012 & CM APPLs. 6680/2012, 1841/2013, 4447/2017, 4448/2017, 8796/2022, 8797/2022, 8798/2022 & 17973/2024 PRABHA DEVI .....Appellant Through: Mr. Munish Kr. Singh, Advocate versus STATE & ORS .....Respondents Through: Mr. Vidit Gupta, Mr. Rajesh Bansal, Mr. Navin Bainsla and Mr. Trivesh Sharma, Advocates for LRs. of Respondent No.2 CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 299 of the Indian Succession Act, 1925 (the ISA) has been filed by the objector/respondent no. 12 in the probate petition P.C. No. 69/2011 filed under Section 276 and 278 of the ISA on the file of the learned Additional District Judge, South District, Saket Courts, Signature Not Verified FAO 165/2012 Page 1 of 24 Signed By:KOMAL DHAWAN Signing Date:15.12.2025 09:59:59 Delhi, aggrieved by the order dated 30.11.2011 by which the petition was allowed. 2. In this appeal, the parties herein shall be referred to in the same rank as they were arrayed in the original probate petition. 3. Brief facts borne out by the record are: Late Ms. Lakhmi Devi (the testatrix), an unmarried Hindu woman, died on 29.04.1996 at her residence situated, at House No. 1/40498, Village Mochi Bagh, New Delhi. The property comprised of three rooms and appurtenant portions standing on a plot measuring 77 square yards. The testatrix was a teacher in a School of the Municipal Corporation of Delhi. 3.1. The petitioner, being the niece (bhanji) of the testatrix, alleged that the testatrix, being her mausi was in a sound disposing state of mind and of her own volition, had executed her last Will dated 30.03.1996 bequeathing her immovable pro