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* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + TEST.CAS. 32/2018 LIPIKA SUD WIFE OF HEMANT SUD DAUGHTER OF S.N. MAJUMDAR W-26, GROUND FLOOR GREATER KAILASH - II NEW DELHI 110048 ....PETITIONER (Through: Mr. Rajesh Yadav, Sr. Advocate with Mr. Mohd. Umar, Advocate along with Petitioner in person.)

Versus

1. STATE THROUGH SDM CHITTARANJAN PARK GNCT OF DELHI

2. HEMANT SUD SON OF LATE H.L. SUD W-26, SECOND FLOOR GREATER KAILASH - II NEW DELHI 110048 ....RESPONDENTS (Through: Mr Samman Vardhan Gautam, Ms Khushi Sharma, Mr.Priyam Tiwari, Ms Anshika Priyadarshini and Ms Pooja Sharma Advocates for Respondent no. 2)

------------------------------------------------------------------------------------ % Reserved on: 09.03.2026 Pronounced on: 16.04.2026 -----------------------------------------------------------------------------------

JUDGMENT

The present petition has been instituted by the petitioner, Mrs. Lipika Sud, seeking the grant of probate under Section 276, read with Sections 278 and 234 of the Indian Succession Act, 1925 (hereinafter “the Act”) of the Will dated 08.08.2012 (hereinafter “Will”), stated to have been executed by her deceased mother-in-law, Late Smt. Suraksha Sud (hereinafter "the testatrix"). Respondent No. 2, Hemant Sud, is the adopted son of the testatrix and the husband of the petitioner.

2. The testatrix left for her heavenly abode on 25.08.2012, following an ailment of sepsis and food poisoning. Under the purported Will, the testatrix bequeathed a residential plot measuring 500 sq. yds. situated at Saraswati Kunj, Gurgaon, and Flat No. 503, 5^th Floor, Kanchanjunga Building, Barakhamba Road, along with two commercial car parking spaces, in favour of her granddaughters, Ms. Sanjana Sud and Ms. Shreya Sud, who are the daughters of the petitioner and respondent No. 2. The property bearing No. W-26, Greater Kailash-II, New Delhi (hereinafter "the GK Property") was bequeathed in equal shares to the petitioner, as the daughter-in-law of the testatrix, and to respondent No. 2. Additionally, all bank balances and investments were bequeathed to respondent No. 2, the jewellery to the granddaughters, and a sum of INR 10,00,000/- to the testatrix's niece, Kanta Sood.

3. The GK Property was originally allotted to Late Sh. H.L. Sud and the Testatrix, who had together adopted respondent No. 2. The petitioner married respondent No. 2 on 26.01.1989 and has since been residing at the GK Property. Two daughters were born from the wedlock, namely Ms. Sanjana Sud and Ms. Shreya Sud. Upon the demise of Sh. H.L. Sud on 22.01.2009, his entire share in the GK Property devolved upon the testatrix by virtue of a Will executed by him, whereafter she became the absolute owner thereof.

4. It is the petitioner's case that she shared cordial relations with her in- laws. In the year 2012, during a family trip to Goa organised to celebrate the birthday of the testatrix, the petitioner disclosed to her mother-in-law certain alleged financial irregularities committed by respondent No. 2 in relation to the affairs of the company run by the petitioner, including alleged siphoning of company funds and the opening of bank accounts and loans in the petitioner's name without her knowledge. It is stated that upon being so apprised, the testatrix expressed apprehension regarding the security of the family after her demise, disclosed that she had earlier signed certain blank papers at the instance of respondent No. 2, and informed the petitioner that she had made arrangements in her estate to safeguard the future of the petitioner and her granddaughters.

5. Thereafter, disputes arose between the petitioner and respondent No. 2. Consequent to the same, the petitioner instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter “the DV Act”) on 28.08.2014 seeking protection of her right to reside in the GK Property, in addition to various civil proceedings seeking redressal of