GYAN KAUR & ANR. vs MUKESH KUMAR

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th March, 2025 + CM(M) 290/2025 & CM APPL. 8346/2025 & CM APPL. 15527/2025 GYAN KAUR & ANR. .....Petitioner Through: Mr. Vivek Kr. Gaurav, Mr. Rohit Shukla, Mr. Sunil Parjapati, Mr. Abhay Solanki and Mr. Shahbez, Advocates. versus MUKESH KUMAR .....Respondent Through: Mr. Bishwajit Dubey, DHCLSA and Ms. Gurleen Kaur Waraich, Advocates and respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. One Mr. Ved Prakash had, allegedly, executed a Will on 10.03.2021. 2. He unfortunately died on 07.01.2023. 3. Mr. Mukesh Kumar, being son of such deceased testator filed a petition under Section 276 of Indian Succession Act, 1925, seeking probate. 4. The petitioners herein are also cited as respondents in said probate petition. Petitioner No.1/Mr. Gyan Kaur is widow of Mr. Umesh Kumar (another son of Ved Prakash) and petitioner No.2 herein is her daughter. 5. The abovesaid petitioners were duly served and even vakalatnama was filed on their behalf on 16.05.2023 and they were granted time to file reply. 6. On the next date of hearing, they prayed for supplying of legible copy of one page and, while directing the respondent to supply such legible copy, the petitioners herein were granted further time to file objection within four weeks. 7. Admittedly the objections were filed by the petitioners but these was Signature Not Verified Digitally Signed CM(M) 290/2025 1 By:SONIA THAPLIYAL Signing Date:17.03.2025 19:56:30 not filed within abovesaid period of four weeks. 8. Learned Probate Court, while considering the overall facts of the case, refuse to take such objections on record. It also observed that along with such objection petition, the objectors had not even filed any application se