MEERA SAWHNEY & ANR. Vs. STATE

JUDGEMENT

(1.) Through the present Appeal, the Appellants assail the correctness of the judgment and order dtd. 20/2/2023 [hereinafter referred to as the 'Impugned Judgment'] passed by the learned Single Judge [hereinafter referred to as 'LSJ'], whereby the Probate Petition filed by the Respondent No.2, seeking probate in respect of the first and final Will and Testament dtd. 17/9/2000, registered on 22/9/2000, [hereinafter referred to as 'subject Will'] executed by late Sh. R.N. Gupta [hereinafter referred to as 'RNG'] for his immovable and moveable assets, was allowed.

(2.) In order to examine the issue involved in the present case, it is imperative to cull out the relevant facts in brief, which are set forth hereinafter. Before moving to the facts of the present case, this Court deems it appropriate to provide a family tree of RNG:

(3.) RNG passed away on 14/2/2006, leaving behind his widow, Smt. Raj Gupta, and their children namely Smt. Meera Sawhney/Appellant No.1, Smt. Gargi Gupta/Appellant No.2 and Sh. Bharat Gupta/Respondent No.2. RNG, through the partition of his father's HUF property known as D.R. Gupta and Sons, by way of Memorandum of Family Settlement dtd. 1/4/1999 [hereinafter referred to as 'MOFS'] got a 1/5th share of undivided property bearing Bungalow no.4, University Road, Delhi measuring 25750 sq. yds [hereinafter referred to as 'undivided property'].