NEUTRAL CITATION NO:2022/DHC/005814

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on : 20^th December, 2022

Pronounced on: 23^rd December, 2022

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TEST.CAS. 59/2022 & I.A. 20925/2022

SWAPNIL GUPTA & ANR.

..... Petitioners

Through:

Mr. Samrat Nigam and Mr. Angad

Mehta, Advocates

versus

GOVT OF NCT OF DELHI & ORS.

..... Respondents

Through:

Ms. Pavitra Kaur, Advocate for R-

1

Mr. Tanmaya Mehta, Mr. Rudrajit

Ghosh and Mr. Ashu Goyal,

Advocates for R-2 and 3

Mr. Rajesh Yadav, Sr. Advocate

with Mr. Karan Nagrath, Ms.

Ruchika Arora and Ms. Niharika

Nagrath, Advocates for R-4

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

I.A. 9861/2022 (u/S 247 ofthe Indian Succession Act, 1925)

1.

The present application has been filed by Respondent No. 4, being

one of the beneficiaries of the Will under probate, under Section 247 of

the Indian Succession Act, 1925 (hereinafter referred to as the ‘Act’)

seeking appointment of Administrator of the Estate and assets of Late

Ravindra Kumar Singhvi (hereinafter referred to as the ‘Testator’); and

Digitally Signed By:GAURAV

SHARMA

Signing Date:23.12.2022

18:48:23

Signature Not Verified

NEUTRAL CITATION NO:2022/DHC/005814

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also for issuance of temporary injunction restraining the Petitioner,

Respondents No. 2 and 3 from alienating or creating third-party rights

qua the estate and assets of the testator in the above-mentioned Will dated

5^th September 2017.

FACTUAL MATRIX

2.

The Testator was married to Respondent No.2 Smt. Amila Singhvi

and out of the marriage two children being Respondent No. 3 and

Respondent No.4 took birth. A Will was executed by the Testator on 5^th

September 2017 which was duly registered in the office of Sub-Registrar

V(I), New Delhi vide Registration No. 855 in Book No.3 Vol. No.35 on

pages 40 to 44. The Will was executed in the presence of two witnesses

namely, Mr. Sanjiv Kumar and Mr. Sonu Kumar. Mr. Rishabh Singhvi,

son of the Testator being Respondent No.3 and Mrs. Dhriti Goenka,

daughter of the Testator being Respondent No.4 are the only beneficiaries

under the Will. The Testator left for heavenly abode on 18^th May 2021

and subsequent to his death and upon coming to the know about the

existence of the alleged Will, the Respondent No.4 vide email dated 28^th

April 2022 addressed to the Executors, objected to the genuineness of the

said Will and sought details of any transactions which have been

undertaken under the said Will. The relevant portion of the email dated

28^th April 2022 is reproduced below:

Digitally Signed By:GAURAV

SHARMA

Signing Date:23.12.2022

18:48:23

Signature Not Verified

NEUTRAL CITATION NO:2022/DHC/005814

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reference.”

3.

Having received no response to her email dated 28^th April 2022,

vide email dated 19^th May 2022, Respondent No.4 reiterated her request

of the details of transactions and also requested the Executors to refrain

from accepting any change in the ownership of the assets and properties

without a valid probate of the Will. The relevant portion of the email is

reproduced below:

valid probate of the above mentioned alleged Will.”

4.

On 28^th May 2022, an email was forwarded by the Executors to

Respondent No.4 which they received from Respondents No. 2 and 3 by

way of which the details of the transactions pertaining to the Estate and

assets of the Testator were delineated. Vide email dated 31^st May 2022,

the Respondent No.4 replied the email dated 28^th May 2022, by taking a

serious objection to the transactions already entered into by the

Respondent No. 4 behind the back of Respondent No.3.

5.

Subsequent to this, the captioned probate petition came to be filed

on 1^st June 2022 by the executors seeking probate of the Will dated 5^th

Digitally Signed By:GAURAV

SHARMA

Signing Date:23.12.2022

18:48:23

Signature Not Verified

NEUTRAL CITATION NO:2022/DHC/005814

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