DEEPAK GUPTA vs RAJEEV AGARWAL & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13.11.2025 Judgment pronounced on:17.11.2025 + FAO 428/2010 DEEPAK GUPTA .....Appellant Through: Ms. Shweta Saini, Advocate Versus RAJEEV AGARWAL & ANR .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal has been filed under Section 299 of the Indian Succession Act, 1925 (the Act), against Annexure A-1, i.e., judgment dated 13.08.2010 in Probate Case No. 152/2008, whereby probate of the Will dated 09.03.2006 has been granted in favour of respondent no. 1/ the petitioner, who claimed that the will had been executed by the testator in a sound disposing state of Signature Not Verified FAO 428/2010 Page 1 of 9 Signed By:RAJ BALA Signing Date:17.11.2025 17:41:01 mind. 2. Brief facts germane to the adjudication of this appeal are as follows:- The dispute concerns the estate of late Krishana Nandan Gupta (the testator), who passed away on 25.04.2008. During his lifetime, he acquired property bearing no.WZ-125, Gali No. 7, Jail Road, Shiv Nagar, Delhi, and executed a registered Will dated 09.03.2006 relating to the property. The wife of the testator predeceased him on 18.11.2005, and he was survived by three sons, who are the parties in this case. 2.1. A petition under Section 276 of the Act was filed by the respondent no. 1/petitioner, being a beneficiary in the Will, for the grant of probate/letter of administration in respect of the estate left by the testator, stating that by virtue of the said Will, the testator had bequeathed the entire ground floor of the property to him. 2.2. The appellant/objector filed objections, alleging that the Signature Not Verified FAO 428/2010 Page 2 of 9 Signed By:RAJ BALA Signing Date:17.11.20