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* IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

+ TEST.CAS. 55/2013

SANJAY KUMAR JAIN S/O LATE SHRI S.C.JAIN

R/O FLAT NO.29,

DAKSHINESHWAR BUILDING,

10, HAILEY ROAD,

NEWDELHI- 110001.

RAJIV KUMAR JAIN

S/O LATE SHRI S.C. JAIN

R/O FLAT NO.2/A, MONOLITH BUILDING,

7, NEPEANSEA ROAD,

MUMBAI-400 036.

....PETITIONERS

(Through: Mr. Rajesh Banati, Mr. Aditya Mishra, Mr. Ashish Sareen and

Mr.Adil Asghar, Advocates.)

VERSUS

STATE

GOVT. OF NCT OF DELHI

SHASHI KUMAR JAIN

S/O LATE SHRI S.C. JAIN

R/O FLAT NO.2/B, MONOLITH BUILDING,

7, NEPEANSEA ROAD, MUMBAI - 400 036 RASHMI AGGARWAL W/O SHRI MUKUL AGGARWAL R/O C-23, FRIENDS COLONY EAST, NEW DELHI - 110 065 ....RESPONDENTS (Through: Ms. Avni Singh, Panel Counsel with Mr. Abhimanyu Kapoor, Advocate for R-1.

Mr. Varun Kumar and Ragini Kapoor, Advocates for R-2.

Mr. Vineet Mehta, Advocate for R-3.)

------------------------------------------------------------------------------------ % Reserved on: 19.11.2025 Pronounced on: 16.12.2025 -----------------------------------------------------------------------------------

JUDGMENT

This petition, filed under Section 276 of the Indian Succession Act, 1925 (hereinafter referred to as „the Act‟), seeks the grant of probate in respect of an alleged last Will dated 07.06.2005 executed by late Smt.

Mohini Devi Jain (hereinafter referred to as „the testatrix‟).

2. The Petitioners and Respondent No. 2 are real brothers, and Respondent No. 3 is their only sister. Bearing in mind that the contesting parties comprise siblings, on multiple occasions, endeavours to facilitate an amicable resolution of the dispute through mediation were made. Notwithstanding these continued efforts, no settlement could be arrived at. Consequently, the Court is now constrained to proceed with the adjudication of the matter on the merits.

Factual matrix

3. The testatrix was married to Late Shri Sukhbir Chand Jain and was a resident of Flat No. 29, Dakshineshwar Building, 10 Hailey Road, New Delhi–110001. She passed away on 23.06.2013 in Mumbai. She was survived by four legal heirs, namely Petitioner No. 1, Petitioner No. 2, Respondent No. 2, and Respondent No. 3.

4. The testatrix had allegedly executed her last Will and Testament dated 07.06.2005 (hereinafter referred to as „the Will‟) at Delhi. The Will was duly registered in the office of the Sub-Registrar-II, New Delhi, under Registration No. 853, Additional Book No. 3, Volume No. 1428, at pages 33 to 35, on 07.06.2005. As per the Petitioners, the Will names them as the exclusive beneficiaries of various movable and immovable properties of the testatrix.

5. The Will, exhibited as Ex. PW-1/1, is accompanied by Schedule 1 (immovable assets) and Schedule 2 (movable assets), forming part of the testamentary disposition. The will bequeaths the following assets to the sole beneficiaries i.e., the petitioners herein: -

6. On 12.09.2014, the Court framed the singular substantive issue: -

“Whether late Smt. Mohini Devi Jain executed a valid and enforceable Will dated 07.06.2005? OPP

7. The Petitioners examined four witnesses: -

PW-1 Sanjay Kumar Jain (Petitioner No. 1 herein), PW-2 Anand Gupta, PW-3 Vivek Anand (attesting witnesses to the Will)

PW-4 Daulat Ram, from the Sub-Registrar‟s Office.

8. Respondents No. 2 and 3 also led evidence through RW-1 Shashi Kumar Jain and RW-2 Rashmi Aggarwal, i.e., respective respondents in person.

Submissions

9. Mr. Rajesh Banati, learned counsel for the petitioners, made the following submissions:

a) The Will dated 07.06.2005 was duly executed by the testatrix and is a registered document. PW-4, Daulat Ram, produced the summoned registration records and confirmed its registration.

b) Both attesting witnesses, PW-2 Anand Gupta and PW-3 Vivek Anand, have deposed that the testatrix had executed the Will in their presence while in a sound and disposing state of mind, thereby proving proper attestation. The testimonies of the attesting witnesses, along with the registration and production of the original