(1.) I.A. 9861/2022 (u/S 247 of the Indian Succession Act, 1925) The present application has been filed by Respondent No. 4, being one of the beneficiaries of the Will under probate, under Sec. 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 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 dtd. 5/9/2017.
(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 5/9/2017 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 18/5/2021 and subsequent to his death and upon coming to the know about the existence of the alleged Will, the Respondent No.4 vide email dtd. 28/4/2022 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 dtd. 28/4/2022 is reproduced below:
(3.) Having received no response to her email dtd. 28/4/2022, vide email dtd. 19/5/2022, 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:
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