$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 84/2025&I.A. 21489/2025 KRISHNENDU DATTA .....Petitioner Through: Mr. Manish Srivastava, Mr. Hardik Vashisht, Mr. Moksh Arora and Mr.

Santosh Ramdurg, Advs.

M: 8510004533 Email: hardik@kdatta.in versus STATE & ORS. .....Respondents Through: Mr. Palash S. Singhai and Mr.

Harshal Sareen, Advs. for R-1 to 3 (Through VC)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 29.01.2026

1. The present petition has been filed under Section 276 of the Indian Succession Act, 1925 (“Succession Act”), seeking grant of probate in respect of the registered Will of the Testator, i.e., Late Shri Arun Raj Khanna (“Will”). The said Will was registered with the Office of the Sub- Registrar-VII, Delhi on 15^th January, 2014, bearing Document No. 5, in Book No. 3, Vol. No. 539, on pages 91 to 93.

2. Learned counsel for the petitioner submits that the Testator was a Hindu by religion and is governed by the provisions of the Hindu Law.

3. The Testator died on 04^th September, 2019, which has been duly recorded in the Death Certificate issued on 18^th August, 2020. He is survivedby his wife, i.e., Smt. Praveen Khanna and two sons, namely, Sh.

Anshu Raj Khanna and Sh. Arjun Raj Khanna.

4. Learned counsel for the petitioner further submits that the Testator, during his lifetime, had executed his final Will dated 15^th January, 2014, bequeathing all his movable and immovable properties, as provided in the Schedule – A, annexed with the present petition, to his wife, i.e., Smt. Praveen Khanna, making her the sole beneficiary and universal legatee of the said Will.

5. He submits that the deceased Testator had stated in his Will that the properties, being devolved upon respondent no. 1, i.e., Smt. Praveen Khanna, shall be mutated in her name in the records of the concerned authority, based on the Will dated 15^th January, 2014.

6. It is submitted that the Will was duly attested by two witnesses, namely, Sh. U.P. Pandey, S/o. Sh. Ram Adhar Pandey and Sh. Srikant Behera, S/o. Sh. Ram Chandra Behera, and was executed in accordance with the law and in presence of the said attesting witnesses, a doctor, and the petitioner herein. Hence, the Testator, while executing the Will, was in a sound state of mind and the same was executed by him out of his own free will.

7. It is further submitted that the market value of the movable and immovable properties of the Testator, is estimated at approximately Rs.

69,31,70,714.73/-.

8. Learned counsel for the petitioner submits that the petitioner herein was an acquaintance of the deceased Testator and was appointed as a Sole Executor of the Will, wherein, it was stated that the Executor/petitioner shall obtain probate of the Will dated 15^th January, 2014. Therefore, the present petition has been filed on behalf of the Executor.

9. Learned counsel appearing for the petitioner draws the attention of this Court to the affidavits filed on behalf of the respondent nos. 2 to 4, now respondent nos. 1 to 3 as per the amended Memo of Parties dated 27^th October, 2025, to submit that the Will in question has remained uncontested and that no objections, whatsoever, has been received from any of the respondents or any other party.

10. Learned counsel for the respondents puts in appearance and confirms the fact that the respondents have no objection, if the probate of the Will is granted by this Court.

11. Having heard learned counsels for the parties and after perusal of the documents on record, this Court notes that the deceased Testator, i.e., Late Shri Arun Raj Khanna, in his lifetime, had executed a Will dated 15^th January, 2014, registered with the Sub-Registrar – VII, thereby, bequeathing all his movable and immovable properties, as provided in the Schedule – A, in favour of his wife, i.e., Smt. Praveen Khanna without any coercion and out of his own free will. The said Schedule – A, as attached with the present petition, is reproduced as under:

12. Further, as per the Death Certificate of the Tes