RAMA ALAGH vs THE STATE & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 11 March 2025 Judgment pronounced on : 25 March 2025 + FAO 319/2007 & CM APPL. 6527/2008 MRS. RAMA ALAGH & ORS. .....Appellants Through: Mr. Rakesh Saini, Adv. versus STATE (GOVT. OF NCT OF DELHI) & ORS .....Respondents Through: Mr. Deepak Tyagi and Mr. Ishan Seth, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. This First Appeal has been preferred under Section 299 of the Indian Succession Act, 1925 [“The Act”] by three sisters, the third one now being represented through her legal heirs, assailing the impugned judgment dated 24.05.2007 passed by the learned Additional District Judge, Delhi [“Probate Court”], whereby the second Will propounded by them dated 16.06.1992 executed by their late father, Shri Jagdish Chander Mehra [“testator”] has been found to be forged and fabricated, and on the other hand, the first Will dated 31.01.1989 propounded by respondent No.2, Smt. Savita Malhotra, the daughter- in-law of the deceased testator, in favour of respondents No. 3 to 6 has FAO 319/2007 Page 1 of 26 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:25.03.2025 16:25:26 been probated and held to be the last legally executed Will of the testator. FACTUAL MATRIX: 2. Briefly stated, the testator was admittedly the owner of the property bearing No. D-1/24-25, Lajpat Nagar-I, New Delhi-110049 [“subject property”] who passed away on 20.01.1993 leaving behind his one son, namely respondent No.4 Mr. Ashok Malhotra, widow of his second son viz., respondent No.5 Savita Malhotra and her children, besides three daughters, namely appellant No.1, Smt. Rama Alagh, appellant No.2 Smt. Sharda Kapoor and appellant No.3, Smt. Usha Rani (who has since died and is now rep