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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 14^th October 2025 Date of Decision: 13th March, 2026 + TEST.CAS. 28/2012 & I.A. 8572/2025 PRADIP AGARWAL .....Petitioner Through: Mr. Jayant Bhushan, Senior Advocate with Mr. Saurabh Agrawal, Ms. Komal Mundhra, Mr. Amartya Bhushan, Mr. Yojit, Mr. Ashutosh Singh Rana and Mr. Rishay Raj, Advocates.

versus STATE & ORS .....Respondents Through: Mr. Jayant Mehta, Senior Advocate with Mr. D.S. Parmar, Ms. Mrinal Gopal, Mr. Saurabh Singh and Mr. Vikramaditya Sanghi, Advocates for R-5.

+ TEST.CAS. 8/2013, I.A. 974/2013, I.A. 5327/2013, I.A. 39619/2024 & I.A. 8573/2025 MANJU AGGARWAL .....Petitioner Through: Mr. Jayant Mehta, Senior Advocate with Mr. D.S. Parmar, Ms. Mrinal Gopal, Mr. Saurabh Singh and Mr. Vikramaditya Sanghi, Advocates.

versus STATE & ORS .....Respondents Through: Mr. Jayant Bhushan, Senior Advocate with, Mr. Saurabh Agrawal, Ms. Komal Mundhra, Mr. Amartya Bhushan, Mr. Yojit, Mr. Ashutosh Singh Rana and Mr. Rishay Raj, Advocates for R-6.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

1. TEST.CAS. 28/2012 is filed by Shri Pradip Agarwal (‘Pradip’) under Section 278 of Indian Succession Act, 1925 (‘1925 Act’) for grant of Letters of Administration in respect of Will dated 15.01.2001. TEST.CAS. 8/2013 is filed by Ms. Manju Aggarwal (‘Manju’) under Section 276 of 1925 Act for grant of probate in respect of the estate of late Shri S.M. Aggarwal (hereinafter referred to as ‘Testator’) under a Will dated 21.04.2010. By order dated 07.05.2012, TEST.CAS. 28/2012 was treated as one under Section 276 instead of Section 278 of 1925 Act. On 29.01.2015, both petitions were consolidated and trial was held on common issues and hence, both petitions are being decided by this common judgment.

I.A. 8573/2025 (u/O VIII Rule 1A(3) r/w Section 151 CPC) in TEST.CAS.

8/2013

2. This application is filed on behalf of Respondent No. 6 for taking on record the expert opinion on forensic document examination of signature samples of Late Shri S.M. Aggarwal by International Forensic Sciences, Forensic Science Department dated 28.03.2025.

3. Mr. Jayant Bhushan, learned Senior Counsel, at the outset, does not press this application.

4. Application stands disposed of as not pressed.

TEST.CAS. 28/2012

5. Case set up by Pradip in this petition is that he is the son of the Testator, who during his lifetime executed a Will dated 15.01.2001, which was duly registered in the Office of Sub Registrar of Assurances VII under Registration No. 562, Additional Book No. 3, Volume No. 239 on pages 54 to 56. The will is the last will and Testament executed by the Testator. At the time of death of the Testator, he left behind the following Class-I legal heirs:-

6. It is stated that immovable property bearing House No. K-101, Hauz Khas Enclave, New Delhi (‘Hauz Khas property’) in Schedule of Properties (Annexure A-1) was the permanent residence of the Testator, where he resided for most part of his life after the property was purchased by him. The Testator bequeathed his entire estate to Pradip under Will dated 15.01.2001 and Smt. Vimla Agarwal (‘Vimla’), Smt. Nirmla Garg (‘Nirmla’) and Smt. Asha Agarwal (‘Asha’), the three sisters of Pradip, being Respondents No. 2 to 4 have accorded ‘No Objection’ to the Will by executing their respective affidavits dated 12.02.2012 and thus there is no legal impediment in grant of probate of the said will in favour of Pradip.

7. Reply was filed on behalf of Vimla in which she stated that she was the attesting witness to the second will of the Testator executed on 21.04.2010, in which the sole beneficiary was Manju, who had filed TEST.CAS. 8/2013 for grant of probate of the said will. She further stated that Will dated 15.01.2001 was not the last will of the Testator in light of the second and last will dated 21.04.2010, which deserves to be probated in favour of Manju. Vimla refuted the contents as also signatures on the ‘No Objection’ affidavit filed by Pradip