DEEPAK KUMAR SINGH vs YOGENDRA PAL SINGH AND ORS

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th May, 2025 + CM(M) 623/2025 & CM APPL. 19764-19765/2025 DEEPAK KUMAR SINGH .....Petitioner Through: Mr. Vishwendra Verma and Ms Shivali, Advocates. versus YOGENDRA PAL SINGH AND ORS .....Respondent Through: Mr. Madan Lal Sharma with Ms. Tejaswini Verma and Mr. Vikrant Malwal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner Mr. Deepak Kumar Singh has filed a petition seeking probate. 2. The probate is being sought on the basis of one registered Will dated 07.08.2000, left behind by one Mr. Basant Singh. 3. Petitioner Mr. Deepak Kumar Singh, is his grandson. 4. Mr. Basant Singh died on 13.12.2000. 5. The evidence in the abovesaid probate petition is already over and the case is already at the stage of final argument. 6. According to petitioner-Mr. Deepak Kumar Singh, the abovesaid registered Will dated 07.08.2000 is the last Will left behind by Mr. Basant Signature Not Verified Digitally Signed CM(M) 623/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 17:02:40 Singh. 7. Mr. Yogendra Pal Singh is real son of late Mr. Basant Singh and he has filed a separate suit seeking declaration, possession, damages, mesne profits and injunction. 8. In his such suit, he claimed that his father had expired on 13.12.2000 and in order to settle any dispute and differences among the family members, during his lifetime, he executed his last and final Will on 08.12.2000. 9. The declaration, which he seeks, is with respect to the abovesaid Will, as in the prayer clause, he has made prayer to the effect that a decree of declaration may be passed in his favour, with respect to the abovesaid Will dated 08.12.2000. 10. Such Will is, admittedly, not a registered one. 11. The abovesaid suit