BANWARI LAL (DECEASED) THROUGH L.R'S MAYA DEVI vs SHIV CHARAN & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 04.02.2026 Pronounced on : 14.05.2026 Uploaded on : 14.05.2026 + FAO 137/2008 and CM APPL. 3872/2011 (stay) BANWARI LAL (DECEASED) THROUGH L.R'S MAYA DEVI .....Appellant Through: Mr. Akshit Mago and Mr. Vipul Saini, Advocates. versus SHIV CHARAN & ORS .....Respondents Through: Mr. Raghunandan Sharma, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal challenges the order dated 30.11.2007 passed by the learned ADJ in PC No. 56/06. Vide the impugned order, the Trial Court allowed the underlying petition and granted letters of Administration qua the registered Will dated 03.03.1989 executed by late Sh. Jhullu Mal. 2. The said petition was filed by the testator‟s children, namely Sh. Shiv Charan, Smt. Urmila Devi, and Smt. Harwati Devi (hereinafter referred to as the “petitioners”). The same was opposed by the testator‟s remaining two sons, Sh. Banwari Lal and Sh. Prem Shankar (hereinafter referred to as the “objectors”). Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 137/2008 Page 1 of 11 Signing Date:14.05.2026 19:04:09 3. The present appeal has been preferred by the legal heirs of the objector/late Sh. Banwari Lal. Neither the co-objector/late Sh. Prem Shankar nor his legal heirs have joined in challenging the impugned order. 4. Briefly stated, the facts relevant for the adjudication of the present appeal are as follows: Late Sh. Jhullu Mal (hereinafter referred to as the “testator”) passed away at the age of about 90 years on 30.12.1990. A registered Will dated 03.03.1989, of which the petitioners are the beneficiaries, was propounded and the underlying petition under Section 228 of the Indian Succession Act, 1925 (hereinafter the “Act”) was