VAIBHAV KAKKAR vs THE STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30th October, 2025 + TEST.CAS. 42/2025 VAIBHAV KAKKAR .....Petitioner Through: Mr. Shrey Sharma, Advocate. versus THE STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Abhinav Singh and Ms. Bharti Yadav, Advocates for GNCTD. Ms. Sanya Sud, Advocate for R-2 to R-4. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present petition has been filed under Sections 222 and 276 of the Indian Succession Act, 1925 (hereinafter ‘Act’) read with Section 300 of the Act seeking grant of probate in respect of the Will dated 4th April 2019 (hereinafter ‘Will’) of late Shri Rakesh Bhatia (resident of B-3, Gangotri Enclave, Alaknanda, New Delhi-110019), who expired on 14th February 2020 (hereinafter ‘Testator’) in Delhi. 2. The particulars of the estate of the Testator in respect of which the probate of the Will is sought has been filed along with the present petition. 3. It is stated that the Will is the last and final will of the Testator, which was duly executed, attested and registered with the Office of the Sub- Registrar – V on 6th April 2019 vide registration no. 244 in Book No.3, Signature Not Verified Digitally Signed By:DHARMENDER SINGH TEST.CAS. 42/2025 Page 1 of 5 Signing Date:03.11.2025 12:27:54 Volume No. 2195 on pages 169-176. 4. The Testator is not survived by any Class I legal heir. 5. The Testator is survived by his two siblings, namely, Shri Sanjay Bhatia (brother/ respondent no.3) and Smt. Beena Bhatia (sister/ respondent no.4), together who comprise his Class II legal heirs. 6. The aforesaid Class II legal heirs of the Testator are mentally challenged and dependent for their basic day-to-day functioning. As per the reports from the Department of Psychiatry, AIIMS, the defe