J U D G M E N T

CHANDRA DHARI SINGH, J.

I.A. 9861/2022 (u/S 247 of the Indian Succession Act, 1925)

1. The present application has been filed by Respondent No. 4, being one of the beneficiaries of the Will under probate, under Section 247 of the Indian Succession Act, 1925 (hereinafter referred to as the ‘Act’) seeking appointment of Administrator of the Estate and assets of Late Ravindra Kumar Singhvi (hereinafter referred to as the ‘Testator’); and also for issuance of temporary injunction restraining the Petitioner, Respondents No. 2 and 3 from alienating or creating third-party rights qua the estate and assets of the testator in the above-mentioned Will dated

5th September 2017.

FACTUAL MATRIX

2. The Testator was married to Respondent No.2 Smt. Amila Singhvi and out of the marriage two children being Respondent No. 3 and Respondent No.4 took birth. A Will was executed by the Testator on 5th September 2017 which was duly registered in the office of Sub-Registrar V(I), New Delhi vide Registration No. 855 in Book No.3 Vol. No.35 on pages 40 to 44. The Will was executed in the presence of two witnesses namely, Mr. Sanjiv Kumar and Mr. Sonu Kumar. Mr. Rishabh Singhvi, son of the Testator being Respondent No.3 and Mrs. Dhriti Goenka, daughter of the Testator being Respondent No.4 are the only beneficiaries under the Will. The Testator left for heavenly abode on 18th May 2021 and subsequent to his death and upon coming to the know about the existence of the alleged Will, the Respondent No.4 vide email dated 28th April 2022 addressed to the Executors, objected to the genuineness of the said Will and sought details of any transactions which have been undertaken under the said Will. The relevant portion of the email dated

28th April 2022 is reproduced below:

“My brother Rishabh Singhvi sent to me (on 18th October 2021) by whatsapp a copy of my father, Mr. Ravindra Kumar Singhvi‟s alleged Will dated 5th September 2017. I have some serious objections to this Will. Without prejudice to my rights and contentions, could you both please furnish me with your list of actions as executors under the said Will.

I believe assets and properties of the Estate are being sold and dealt with behind my back. If you are aware of this, could you please give me details of such transactions. Please also furnish me with the accounts of the Estate if available with you. A copy of the Will is enclosed here for your ready reference.”

3. Having received no response to her email dated 28th April 2022, vide email dated 19th May 2022, Respondent No.4 reiterated her request of the details of transactions and also requested the Executors to refrain from accepting any change in the ownership of the assets and properties without a valid probate of the Will. The relevant portion of the email is reproduced below:

“2. Further, as mentioned in my letter, I believe that assets and properties of the Estate are being sold and dealt with behind my back.

3. In the circumstances, and in addition to my requests in my earlier letter, you are also requested to kindly refrain from accepting any change in ownership / transfer /sale of any of the assets and properties from my father‟s Estate, without a valid probate of the above mentioned alleged Will.”

4. On 28th May 2022, an email was forwarded by the Executors to Respondent No.4 which they received from Respondents No. 2 and 3 by way of which the details of the transactions pertaining to the Estate and assets of the Testator were delineated. Vide email dated 31st May 2022, the Respondent No.4 replied the email dated 28th May 2022, by taking a serious objection to the transactions already entered into by the Respondent No. 4 behind the back of Respondent No.3.

5. Subsequent to this, the captioned probate petition came to be filed on 1st June 2022 by the executors seeking probate of the Will dated 5th September 2017. In this captioned petition, an I.A. bearing no. 9819/2022 was filed by the Respondent No.4 seeking status quo on the Estate an