APARNA MUTATKAR & ANR. vs STATE OF NCT OF DELHI

Judgment text excerpt

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30.01.2026 + TEST.CAS. 95/2021 APARNA MUTATKAR & ANR. .....Petitioners Through: Mr. Abhinav Ramkrishna and Mr. Jayendra Tiwari, Advs. versus STATE OF NCT OF DELHI .....Respondent Through: Ms. Avni Singh, Panel Counsel for GNCTD. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. (ORAL) I.A. 14111/2021 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. TEST.CAS. 95/2021 3. The present petition has been filed by the petitioners under Section 278 of the Indian Succession Act for grant of letter of administration in respect of the Will dated 17.09.2018 [hereinafter, ‘the Will’] executed by Late Kumari Usha Pathak [hereinafter, ‘the Testatrix’], daughter of Late Krishna Rao Pathak. 4. The petitioners are the daughters of real brother of the Testatrix. No Executor has been named in the Will. 5. The subject matter of Will is only one immovable property i.e. DDA Flat No. 97, Anandvan, A-6, Paschim Vihar, New Delhi-110063 measuring 102 sq. meters. Signature Not Verified Digitally Signed By:NARENDRA SINGH TEST.CAS. 95/2021 Page 1 of 7 ASWAL Signing Date:07.02.2026 19:12:27 6. The Testatrix passed away on 24.10.2018. It is stated that Testatrix was unmarried, and she had no issue of her own, neither by way of adoption. 7. The petitioners herein are the daughters of the real brother of the Testatrix. It is the case of the petitioners that the Testatrix executed the Will dated 17.09.2018 in a sound disposing mind, proper health and without any pressure or undue influence. 8. The notice in the TEST. CAS. was issued on 18.11.2021 and directions were given to publish the citation in the newspapers “Statesman” (English) and “Jansatta” (Hindi). The SDM concerne