SIMRAN GILL vs JAIWANT GILLALIAS JAIWANT S.GILL ALIAS GUNU & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.04.2025 Judgment pronounced on: 05.05.2025 + FAO 327/2022, CM APPL. 33013/2024 & CM APPL. 33014/2024 SIMRAN GILL .....Appellant Through: Mr. Rajesh Srivastava & Mr. Shantanu Bhowmick, Advs. versus JAIWANT GILLALIAS JAIWANT S.GILL ALIAS GUNU & ORS. .....Respondents Through: Mr. Anurag Parashar, Adv. for R-1. Mr. Jivesh Mehta, Mr. Nihir Dalmia & Ms. Bhavya, Advs. for R-2. Mr. Abhinav Sharma & Ms. Aakriti Jain, Advs. for respondent/GNCTD. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGEMENT 1. The instant appeal has been preferred by the appellant under Section 384 {which should be section 299} of the Indian Succession Act 1, read with Section 104 and Order XLIII of the Code of Civil Procedure, 1908 2, assailing the impugned judgment dated 22.02.2022 passed by the learned Additional District Judge-06, Central District, 1 ISA 2 CPC Signature Not Verified FAO 327/2022 Digitally Signed By:PRAMOD Page 1 of 16 KUMAR VATS Signing Date:06.05.2025 12:03:25 Tis Hazari Courts. Delhi3, in PC No.42330/2016, whereby the petition filed by the respondent No.1 for grant of probate in respect of the Will dated 31.05.2001 left behind by their father has been granted. FACTUAL BACKGROUND 2. Briefly stated, the appellant, respondent No. 1 and respondent No. 2, namely, Sh. Pradeep Gill, are siblings and a petition under Section 276 of the IS Act was filed on 21.03.2015 by the respondent no.1 herein/petitioner, stating that his father, Sh. Balraj Gill was the absolute owner of the property bearing No.R-526, New Rajinder Nagar, New Delhi 4, who passed away on 17.06.2007, leaving behind the appellant, respondent No. 1, and respondent No.2/Sh. Pradeep Gill, as his legal heirs. It was further stated that the deceased had executed a