NARINDER KUMAR vs USHA RANI TUTEJA & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 19 March 2025 Judgment pronounced on : 21 March 2025 + FAO 190/2019 & CM APPL. 20723/2019, CM APPL. 10058/2020, CM APPL. 9635/2022 NARINDER KUMAR .....Appellant Through: Mr. Dhirendra Singh and Mr. M. Minhal Mehdi and Ms. Bhawna, Adv. alongwith appellant in person. versus USHA RANI TUTEJA & ORS .....Respondents Through: Mr. Keshav Tiwari, Adv. for R-2. Ms. Prerna Chaturvedi, Adv. for R-3 and R-5. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. The appellant has preferred this appeal under Section 299 of the Indian Succession Act, 1925 [“Act”] assailing impugned judgment dated 22.03.2019 passed by the learned Additional District Judge-07, South-East, Saket Courts, New Delhi [“trial Court”], whereby the petition filed by the appellant i.e. the petitioner before the learned trial Court, seeking probate of the Will dated 26.11.2003 executed by her mother late Smt. Ram Pyari wife of late Shri Om Prakash [“hereinafter referred as ‘testatrix’], who passed away on 05.05.2004, was dismissed. FAO 190/2019 Page 1 of 14 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:21.03.2025 20:43:24 FACTUAL MATRIX: 2. Briefly stated, the testatrix on her death was survived by one son i.e. the appellant before this Court and her five daughters/respondents and by virtue of the Will dated 26.11.2003, the appellant was sought to be claimed as sole beneficiary in respect of right, title and interest in the property bearing No. 2/16 (Right Side), Kalkaji Extension, New Delhi- 110019 [“subject property”] admeasuring 205 square yards. 3. It was claimed that the said Will had been attested by his sister respondent No.4/ Smt. Sushma Arora, examined as PW-1 and Mr. Jagdish Tuteja, husban