MEERA SAWHNEY & ANR. vs STATE & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.09.2025 Judgment pronounced on:28.10.2025 + FAO(OS) 55/2023 & CM APPL. 21903/2023 MEERA SAWHNEY & ANR. .....Appellants Through: Mr. Brajesh Kr. Srivastava, Mr. Manoj Yadav, Mr. Umesh Kr. Gupta, Advs. versus STATE & ANR. .....Respondents Through: Ms. Mala Goel, Ms. Renu Narula, Mr. Parvinder and Ms. Mahi Panwar, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal, the Appellants assail the correctness of the judgment and order dated 20.02.2023 [hereinafter referred to as the ‘Impugned Judgment’] passed by the learned Single Judge [hereinafter referred to as ‘LSJ’], whereby the Probate Petition filed by the Respondent No.2, seeking probate in respect of the first and final Will and Testament dated 17.09.2000, registered on 22.09.2000, [hereinafter referred to as ‘subject Will’] executed by late Sh. R.N. Gupta [hereinafter referred to as ‘RNG’] for his immovable and moveable assets, was allowed. Signature Not Verified FAO(OS) 55/2023 Page 1 of 12 Signed By:SAVITA PASRICHA Signing Date:28.10.2025 14:45:05 FACTUAL MATRIX: 2. In order to examine the issue involved in the present case, it is imperative to cull out the relevant facts in brief, which are set forth hereinafter. Before moving to the facts of the present case, this Court deems it appropriate to provide a family tree of RNG: 3. RNG passed away on 14.02.2006, leaving behind his widow, Smt. Raj Gupta, and their children namely Smt. Meera Sawhney/Appellant No.1, Smt. Gargi Gupta/Appellant No.2 and Sh. Bharat Gupta/Respondent No.2. RNG, through the partition of his father’s HUF property known as D.R. Gupta & Sons, by way of Memorandum of