ASHVAL VADERAA vs AMITABH NARAYAN & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22.01.2025 Judgment delivered on: 18.03.2025 + FAO 283/2018 ASHVAL VADERAA .....Appellant versus AMITABH NARAYAN & ORS .....Respondent Memo of Appearance For the Petitioner: Mr. Ramesh Kumar, Learned Advocate For the Respondent: Mr. Suraj Prakash, Learned Advocate for R-1 Mr. Dayan Krishnan, Learned Senior Advocate with Mr. Ravikesh K. Sinha and Mr. Sanjeevi, Learned Advocates for R-2 & R-4 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Question posed herein is two-fold. (i) Firstly, whether Testatrix was in sound disposing mind at the time of execution of her „Will”. (ii) Secondly and more importantly, what should be the approach of court in granting probate where Will is executed by the maker, while admitted in a hospital. 2. Appellant takes exception to order dated 08.03.2018 passed by learned Additional District Judge (West), Tis Hazari Courts whereby while discarding the objections taken by the appellant herein, probate has been granted to respondent No.1. 3. For the sake of convenience, I would refer to the parties as per their nomenclature before the learned Probate Court. ______________________________________________________________________________________ FAO 283/2018 Page 1 of 58 Signature Not Verified Digitally Signed Ashval Vaderaa vs Amitabh Narayan & Ors. By:SONIA THAPLIYAL Signing Date:18.03.2025 19:42:52 4. The probate petition was filed by respondent No.1-Mr. Amitabh Narayan and, therefore, he would be referred to as „Petitioner‟ in the present judgment. It was appellant Mr. Ashval Wadhera, who had filed objection in the abovesaid Probate Petition and, therefore, he would be referred to as „Objector‟. The Will is of Ms. Karuna Raj Vadheraa and she would be referred to as