SUNIL KANT vs SAMRAT CHANDER & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 27.11.2025 Judgment pronounced on:04.12.2025 + FAO 172/2009 SUNIL KANT .....Appellant Through: Ms. Tanu Singhal and Mr. Ayush Kushwahn, Advocates. versus SAMRAT CHANDER & ORS. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 299 of the Indian Succession Act, 1925 (ISA), has been filed by respondent no. 4/objector challenging the judgment dated 19.02.2009 passed by the learned District Judge-07, Tis Hazari Courts, Delhi, in P.C. No. 279/2006, whereby respondent no. 1/petitioner has been granted probate. In this appeal, the parties, unless otherwise specified, will be referred to as described in the probate petition. 2. In the petition filed under Section 276 of the ISA it is Signature Not Verified FAO 172/2009 Page 1 of 32 Signed By:KOMAL DHAWAN Signing Date:04.12.2025 11:45:26 alleged thus:- The father of the petitioner, late Shri Ramji Dass, was the owner of Shop No. 78, Mall Road, Kingsway Camp, Delhi (the suit property). The property was his self-acquired property, which he bequeathed to the petitioner by way of a Will dated 14.09.1998, which was duly registered before the Sub-Registrar, Delhi. Ramji Dass died on 08.07.2005. Ramji Dass had executed the Will while he was in a sound disposing state of mind and without any pressure or compulsion from others. It was executed in the presence of witnesses. In the Will, the testator has also stated that his son Sunil Kant, that is, respondent No. 4, had falsely proclaimed himself to be the owner of the aforesaid property, although he has no right, title or interest in the property or any other property of the testator, movable or immovable. It was prayed that the C