SANJAY KALRA vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28.02.2025 Pronounced on:27.05.2025 + TEST.CAS. 54/2014 & I.As. 15446/2021, 675/2022, 13488/2022 SANJAY KALRA ..... Petitioner Through: Mrs.Kajal Chandra, Ms.Prerna Chopra & Mr.Abhishek Chhabra, Advs. versus STATE ..... Respondent Through: Mr.Darpan Wadhwa, Sr. Adv. with Ms.Ruby Singh Ahuja, Ms.Megha, Ms.Neelakshi Bhadauria & Ms.Aditi Mohan, Advs. for LR No.1. Ms.Neelakshi Bhadouria, Mr.Puru Lehi & Ms.Divya Gyan, Advs. for L-2. Mr.Rajiv Nayar, Sr. Adv. with Ms.Ruby Singh, Mr.Vasu Singh, Ms.Megha Dugar, Ms.Aditi Mohan & Ms.Neelakshi Bhadouria, Advs. for L-4. Mr.Harish Malhotra, Sr. Adv. with Mr.Rajiv Bahl and Mr.Vikas Tomar, Advs. for L-5 CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA JUDGMENT 1. This petition has been filed by the petitioner, under Section 276 of the Indian Succession Act, 1925 (in short, „ISA‟), seeking the grant of Probate of the Will dated 11.12.2004 (Ex.PW 2/Z) (hereinafter Signature Not Verified Digitally Signed TEST.CAS. 54/2014 Page 1 of 76 By:RENUKA NEGI Signing Date:28.05.2025 11:31:00 referred to as, „subject Will‟) of late Sh. Devendra Kumar Jain, son of Sh. S.P. Jain (hereinafter referred to as, „Testator‟). 2. The petitioner claims that he has been appointed as one of the Executors of the subject Will by the Testator. 3. The Testator unfortunately passed away on 18.03.2014, leaving behind five legal heirs, namely, Smt. Usha Jain (wife)- Legal Representative No. 1, Smt. Payal Kapoor (daughter)- Legal Representative No. 2, Mr. Pankaj Jain (son)- Legal Representative No. 3, Ms. Pooja Jain (daughter)- Legal Representative No. 4, and Ms. Priya Jain (daughter)- Legal Representative No. 5. 4. By the subject Will, the Testator has bequeathed his movable and immovable properties in favour of his wife,