SMT BIMLA DEVI vs THE STATE & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 16 April 2025 Judgment pronounced on: 06 May 2025 + FAO 250/2013 SMT. BIMLA DEVI .....Appellant Through: Mr. Alok Kumar, Sr. Adv. with Ms. Manisha A. Narain, Mr. Amit Kr. Singh and Mr. Manan Soni, Advs. versus THE STATE & ORS. .....Respondents Through: Mr. Pankaj Batra, Adv. for R- 2 along with R-2 in person CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant has preferred this appeal under Section 299 of the Indian Succession Act, 1925 [“the Act”] against the judgment and order dated 28.02.2013 passed by learned Additional District Judge- 02, West District, Tis Hazari Courts, Delhi [“Probate Court”] whereby the probate has been granted to the respondent No. 2/Smt. Saraswati Devi of the will dated 24.04.2001. FACTUAL BACKGROUND 2. Shorn of unnecessary details, the appellant, Smt. Bimla Devi, is the widow of Mr. Jai Kumar, who was the son of the deceased testator, Mr. Fal Chand. The deceased testator died on 02.12.2002 at Signature Not Verified FAO 250/2013 Digitally Signed By:PRAMOD Page 1 of 22 KUMAR VATS Signing Date:07.05.2025 17:51:22 his residence bearing DDA Janta Flat No. A-5/B-58B, DDA Janta Flats, Paschim Vihar, New Delhi-110063 [“subject property”]. 3. The Family Tree of the testator/Mr. Fal Chand is as hereunder: 4. During his lifetime, Sh. Fal Chand/deceased testator was allotted the subject property and the deceased made and executed the Will dated 24.04.2001, which was duly notarized. The deceased testator had bequeathed all his rights in respect of the aforesaid property in favour of his wife Smt. Yashoda and after her demise, the subject property was to devolve in favour of the respondent No. 2/Saraswati Devi as sole legatee. It is stated that Smt. Yashoda died on 01.04.2