SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Del) 10625

IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J
Amita Seth – Appellant
Versus
State Of Nct Of Delhi – Respondent
TEST.CAS. 25/2026



Advocates:
For the Appellants/Petitioners: Anirudh Bakhru, Geetanshi Chandna, Vikas Maini, Ankit Banati, Deepak Mahajan, Sanchit Sehgal
For the Respondents: Anubhav Gupta

The court initiates probate proceedings for a foreign Will under the Indian Succession Act, 1925, subject to notice to respondents, property valuation reports, and mandatory newspaper citations.

Headnote:The petitioner filed a petition under S. 276, S. 57, and S. 228 of the Indian Succession Act, 1925, seeking probate of a foreign Will executed by the deceased who was domiciled in the United States and whose Will had already received probate from the competent jurisdiction in Pennsylvania. The court, considering the petition and the status of proceedings, determined that notices should be issued to the respondents and the relevant Sub-Divisional Magistrate for valuation reports, and directed the publication of citations in local newspapers. The main issue is whether the petitioner is entitled to the grant of probate for the foreign Will under the provisions of the Indian Succession Act, 1925, given the prior probate granted abroad. The court reasoning focuses on establishing a procedural framework for notice, service completion, and property valuation to satisfy statutory requirements for granting probate in India. The petition and related interlocutory applications were processed with directions issued for notices, publication of citations, and filing of valuation reports, with the matter listed for further proceedings.

Table of Content
1. procedural compliance for exemption in probate applications. (Para 1 , 2 , 3 , 4 , 5)
2. issuance of notice for probate of foreign will. (Para 6 , 7 , 8 , 9 , 10)
3. directions for valuation and publication of citations in probate proceedings. (Para 11 , 12 , 13 , 14 , 15)

O R D E R

I.A. 10853/2026 (exemption)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

I.A. 10852/2026 (by petitioner under Section 151 CPC seeking exemption)

3. The present application has been filed seeking exemption from filing the original Will dated 14.11.2014.

4. The application is allowed, subject to the petitioner granting inspection of the Will, as and when, she is required to do so, or filing the original Will at the stage of admission/denial.

5. The application is disposed of.

TEST.CAS. 25/2026

6. The present petition has been filed by the petitioner under Section 276 read with Section 57 and 228 of the Indian Succession Act, 1925 for grant of probate of Foreign Will dated 14.11.2014 executed by Late Sandeep Seth son of Late Shiv Narain Seth, who was last domiciled in Pennsylvania, United States of America.

7. It is stated that the probate in respect of the said Will has been granted by the Court of competent jurisdiction in West Moreland County, Commonwealth of Pennsylvania, USA vide order dated 06.12.2023 (File NO. 6523-2806) by the Registrar of Wills, in favour of the petitioner.

8. In view of the above, issue notice.

9. Mr. Anubhav Gupta, panel counsel appearing on behalf of the respondent no.1/State accepts notice.

10. On petitioner taking steps, issue notice to respondent nos. 2 to 5.

11. Let notice be issued to the concerned SDM for filing the valuation report in respect of following properties:

a. House No. 10-A/B, Underhill Lane, Civil Lines, Delhi – 110054 (“Civil Lines Property”)

b. Flat No. 915, 9th Floor, Arunachal Building, Barakhamba Road, Connaught Place, New Delhi – 110001 (“Arunachal Building Property”);

c. Flat No. 1111-B, 11th Floor, Statesman House Building, Barakhamba Road, Connaught Place, New Delhi – 110001 (“Statesman Property”).

12. Let citations be published in the prescribed format in the newspaper of ‘The Times of India’ (English) and ‘Nav Bharat Times’ (Hindi) having wide circulation in Delhi.

13. Let reply/objections, if any, be filed by the respondents within a period of four weeks from the date of service.

14. Rejoinders thereto, if any, be filed before the next date.

15. List before the learned Joint Registrar for completion of service and pleadings on 04.08.2026.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top