JUDGMENT

SACHIN DATTA, J.

O.A. No. 8/2022 (under Rule 5, Chapter - II of Delhi High Court (Original Side) Rules, 2018

1. The present chamber appeal under Rule 5 of Chapter II of the Delhi High Court (Original Side) Rules 2018 has been filed on behalf of respondent no. 2/appellant against order dated 22.12.2021 (“impugned order”) passed by Ld. Joint Registrar. By way of the aforesaid impugned order, the Ld. Joint Registrar disposed of I.A. No. 8659/2021 under Order XXII, Rule 3 read with Section 151 of Code of Civil Procedure, 1908 to bring on record the legal representatives of the deceased petitioner no. 2, Mrs. Uma Jain, who passed away on 10.06.2021.

2. The relevant factual background is that the testator Sh. Sital Pershad Oswal died on 14.04.1999 leaving behind a widow and three children. The widow of the late testator i.e., Smt. Dayawati, filed the present petition seeking probate with respect to the Will dated 22.12.1992 executed by her late husband in his lifetime. The children of the testator, namely, Mrs. Usha Jain, Mrs. Uma Jain and Sh. Satish Oswal were made parties to the probate petition. Thereafter, objections to the probate petition were filed on behalf of Sh. Satish Oswal, who is contesting the Will dated 22.12.1992 of his late father, inter alia, on the ground that the Will dated 22.12.1992 is neither a genuine document nor is it the last will of the deceased testator. It is also claimed by him that the true and last Will of the deceased testator is a Will dated 07.04.1999.

3. This Court vide Order dated 23.05.2005 had framed issues in the present Petition as under:

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i) Whether the will dated 7.4.1999 is the last legal and valid testament of Lt. Sh. Sital Pershad Oswal? OPLR-4 ii) If issue no. 1 is decided against the propounder of the will dated 7.4.1999 whether the will dated 22.12.92 is the last legal and valid testament of late Sh. Sital Pershad Oswal?

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4. The petitioner (Smt. Dayawati) died on 05.06.2010, leaving behind her three children who were her legal heirs and already parties to the present probate petition. This Court vide Order dated 10.12.2010 in the present petition directed the Registry to reflect the cause title of the present case as under:

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In re: the estate of Sh. Sital Pershad Oswal

1. Legal Heir No. 1 – Mrs. Usha Jain 2. Legal Heir No. 2 – Mrs. Uma Jain

3. Legal Heir No. 3 – Mr. Satish Oswal ….‖

5. During the pendency of the present petition, the aforesaid Legal Heir No. 2 Mrs. Uma Jain expired on 10.06.2021 and is survived by her husband Sh. Shugan Jain and his two children, namely, Mr. Ankit Jain and Ms. Anita Jain (stepchildren of Mrs. Uma Jain), who filed I.A. 8659/2021 for bringing themselves on record in the probate petition as her legal representatives. The Ld. Joint Registrar disposed of the aforesaid application while allowing the husband and stepchildren of deceased petitioner no. 2 to be brought on record.

6. The respondent no. 2 raised objections in response to I.A. 8659/2021 with respect to the impleadment of the husband and the two stepchildren of Mrs. Uma Jain as her legal representatives. The respondent no. 2 contended that the husband and two stepchildren of late Mrs. Uma Jain cannot be impleaded as her legal representatives since they have no locus standi as they are not the beneficiary under any Will and by virtue of Section 15 (2) (a) of the Hindu Succession Act, 1956. The respondent no. 2 further stated that the claim of the husband and two stepchildren of Mrs. Uma Jain of being her legal representatives is undocumented and unverified and they are required to prove their relationship. The respondent no. 2 further stated in his reply that even if Mrs. Uma Jain had died intestate, then under Section 15 (2) (a), the possible speculative share from the pending probate case would devolve only upon the heirs of late Mrs. Uma Jain‟s father and in case the Will dated 22.12.1992 is held to be not valid, even then the late testator would be in the position of an intesta