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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora
Surbhi Sharma – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
1. This testamentary petition is filed along with the applications which have been taken up altogether.
2. The Petitioner has filed the present petition under Section 237 and 276 of the Indian Succession Act, 1925 (‘Act of 1925’) for grant of Probate on a photocopy of an unregistered Will dated 01.11.2023 purported to have been executed by late Ms. Sangam Sharma (‘Testatrix’), aged about 30 years, residing at 121, Ground Floor, Shubham Apartment, Sector-12, Pocket-4, Dwarka, New Delhi-110077, at which address she was residing at the time of her death on 12.01.2024.
3. By this judgment, this Court shall now proceed to decide the present petition.
Submissions on behalf of the Petitioner
4. It is the case of the Petitioner that late Smt. Saroj Sharma, the mother of the Petitioner, Respondent No. 3, and the Testatrix, was the owner/lessee of the following properties:
A. Property 24-25 A, Sewak Park Extension, Rama Park, Uttam Nagar, New Delhi-110059, admeasuring a total area of 225 Sq. Yards having a built-up house consisting of Ground Floor and First Floor.
B. Property 30 A, Sewak Park Extension, Rama Park, Uttam Nagar, New Delhi-110059, admeasuring a
A photocopy of a Will cannot be admitted for probate unless credible evidence shows the original was not intentionally destroyed; significant suspicion surrounding its execution must be satisfactoril....
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
The propounder of a Will must satisfactorily dispel all suspicious circumstances regarding its validity, particularly when substantial benefits accrue to them, or the Will may be deemed invalid.
The court emphasized that the burden of proof lies on the propounder of a Will, especially when suspicious circumstances exist, necessitating clear evidence of its validity.
Secondary evidence – Neither mere admission of a document in evidence amounts to its proof nor mere making of an exhibit of a document dispense with its proof, which is otherwise required to be done ....
The need to remove all legitimate suspicions before a document can be accepted as the last will of the testator.
The court upheld the validity of a registered Will, ruling that the burden of proof for allegations of forgery lies with the defendants, which they failed to meet.
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
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