RANJAN RATTAN VADHERA vs STATE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.06.2025 + FAO 203/2008, CM APPL. 42472/2019, CM APPL. 23834/2022 & CM APPL. 27342/2022 RANJAN RATTAN VADHERA .....Appellant versus STATE & ORS. .....Respondents Advocates who appeared in this case For the Appellant : Mr. Sanjiv Bahl, Mr. Pawas Agarwal and Mr. Amish Tiwari, Advocates. For the Respondents : Mr. Naresh Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION 1. The present Appeal is directed against the order and judgment dated 29.04.2008 passed by the learned Additional District Judge („Impugned Order‟) in Probate Case No. 96/2000, whereby the petition of the Appellant Signature Not Verified FAO 203/2008 Page 1 of 11 Signed By:NEELAM SHARMA Signing Date:25.06.2025 16:31:09 for the grant of probate of the Will dated 20.09.1972 („Will‟) of Ms. Savitri Vadhera („Testatrix‟), has been dismissed with the observation that the Appellant had failed to establish the valid execution of the Will by the Testatrix. FACTUAL BACKGROUND 2. The Testatrix passed away on 20.10.1972 and before her demise, she executed the Will bequeathing all her movable and immovable properties in favour of the Appellant, which was witnessed by Mr Raj Lal and Mr S.P. Joshi. The Testatrix was survived by her son - Mr. Ranjan Rattan Vadhera (the Appellant), her husband - Mr. Om Prakash Vadhera and her daughter - Ms. Nandita Bhalla. The Testatrix left behind an immovable property bearing number I-21, Kirti Nagar, New Delhi („Property‟). 3. After the demise of the Testatrix, the Appellant filed a Petition under Section 372 of the Indian Succession Act, 1925, for the grant of Succession Certificate regarding her debts and securities, which was granted in his favour vide Order dated 05.06.197