RITA GULHATI (SINCE DECEASED) THT LRS vs ANIL PRAKASH & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 23.09.2025 Judgment pronounced on: 09.10.2025 + FAO (OS) 55/2018 & CM APPL.12817/2018 RITA GULHATI SINCE DECEASED THR HER LRS .....Appellant Through: Mr. Dhurjati Verma, Ms. Kanika Malhotra and Mr. Yash Shukla, Advs. versus ANIL PRAKASH & ORS .....Respondents Through: Ms. Ana Upadhyay, Mr. Siddhesh Shirish Kotwal, Mr. T. Illayarasu, Mr. Aditya Singh, Ms. Manya Hasija, Mr. Saurabh Guha and Ms. Rasika Jalan, Advs. for R-1. Mr. Joydeep Sarma and Mr.Kaushal Kapoor, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The issue that arises for consideration in the present Appeal is whether the Will dated 17.07.2000, was duly and validly executed by the late Dr. Satya Prakash, and whether the learned Single Judge was justified in granting probate thereof notwithstanding the objections of the Appellant alleging coercion, fabrication, and suspicious Signature Not Verified FAO (OS) 55/2018 Page 1 of 9 Signed By:JAI NARAYAN Signing Date:10.10.2025 11:04:00 circumstances. 2. The present Appeal assails the correctness of the judgment dated 06.02.2018 [hereinafter referred to as “Impugned Judgment”] passed by the learned Single Judge in Testamentary Case No. 38/2004, whereby the objections filed by the Appellant were dismissed and probate was granted to the Respondents in respect of the registered Will dated 17.07.2000 (Ex.PW-1/X3) [hereinafter referred to as “Will”] of late Dr. Satya Prakash. FACTUAL MATRIX 3. The facts, in brief, are that late Dr. Satya Prakash was survived by his sons, Respondent No.1, late Sh. Anil Prakash (since deceased, now represented through his legal representatives), Respondent No.2, Sh. Sunil Prakash an