Mukund Bhatia vs State (Govt. of NCT of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1771

NAVIN CHAWLA
Mukund Bhatia – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent

Advocates appeared:
Mr. Mahesh K. Chaudhary, Advocate, for the Petitioner.
Mr. Divyam Nandrajog, Panel Counsel, for GNCTD with Ms. Sayantini Sahu, Advocate, for the Respondent.

JUDGMENT

1. The present petition has been filed under Section 276 and 278 of the Indian Succession Act, 1925 (hereinafter referred to as the `Act.) by the petitioner seeking grant of Letters of Administration/Probate of the Will dated 15.01.2020 in respect of the immoveable properties left behind by his Paternal Aunt, Kumari Lajja Bhatia (hereinafter referred to as `the Testatrix.)

2. It is alleged that the Testatrix was a permanent resident of 17/14, Old Rajinder Nagar, New Delhi-110060 and expired on 19.04.2020 as a spinster, leaving behind Shri Mukund Bhatia (Nephew of the Testatrix), petitioner herein; Shri Prem Girdhari Lal Bhatia (Brother of the Testatrix), respondent no.2 herein; Late Vir Bhatia (Pre-Deceased Brother of the Testatrix) survived by his wife and two sons, impleaded as respondent no.3 (i) to (iii) herein; and Dr. Indira Sahajwalla (Sister of the Testatrix), respondent no.4 herein.

3. It is the case of the petitioner that the freehold property bearing No. 17/14, Old Rajinder Nagar, New Delhi-110060 (hereinafter referred to as "Property-I"), was a self-acquired property of the father of the Testatrix, Late Girdhari Lal Bhatia, and by virtue of the Will executed