Allowed

Smt. Nirlape Kaur Hora v. the State (Govt. of N.C.T. of Delhi) and Ors.

Delhi HC18 Dec 2025TEST.CAS./93/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for a Letter of Administration granting the petitioner, the real sister of the deceased Testator, the probate in respect of the Testator's Will. The court dispensed with the need for a surety bond as the petitioner is a natural heir and dismissed objections regarding jurisdiction.

What did the court decide?

Letter of Administration issued to the petitioner; requirement for administrative-cum-surety bond dispensed with; pending applications disposed of.

Smt. Nirlape Kaur Hora Vs the State (Govt. of… — Succession and Inheritance | Delhi HC (2025)

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$~12

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 18^th December, 2025

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- TEST.CAS. 93/2023 with I.A. 25322/2023

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SMT. NIRLAPE KAUR HORA .....Petitioner Through: Mr. L. B. Rai, Mr. Satvik Rai, Mr. Rohit Poddar and Mr. Vineesh Tyagi, Advocates

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versus

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THE STATE (GOVT. OF N.C.T. OF DELHI) AND ORS .....Respondents Through: Ms. Pavitra Kaur and Ms. Shreya Mishra, Advocates

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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AMIT BANSAL, J. (Oral)

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The present petition has been filed under Section 276 of the Indian Succession Act, 1925 (hereinafter ‘ Act ’) seeking grant of probate/ letter of administration in respect of the Will dated 3^rd July 2014 (hereinafter ‘ Will ’) of late Shri Gurcharan Singh Sarhadi, who expired on 26^th September 2016 (hereinafter ‘ Testator ’).

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The Will of the Testator pertains to the immovable property bearing no. Flat no.7, Block no. C-20 situated at Vikas Nagar, Shimla-17009 and movable property including bank accounts, i.e. , Savings Bank Account no. 20072312473 in Bank of Maharashtra, UPSC Branch, New Delhi having a

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Signature Not Verified

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Page 1 of 5

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TEST.CAS. 93/2023

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:2 3.12.2025 21:04:53

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balance of Rs. 2,02,677.63/- (Rupees Two Lakh Two Thousand Six Hundred Seventy-seven and Paise Sixty-three only), as on 30^th September 2016.

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The petitioner is the real sister of the Testator and is a resident of B- 403, Pawittra Apartments, Vasundhra Enclave, Delhi-110096.

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The Testator had two brothers, Shri Bhupinder Singh Josh and Shri Jagmohan Singh, both of whom have expired. One of the brothers of the Testator, late Shri Bhupinder Singh Josh, have two sons, Shri Bhavdeep Singh (respondent no.2) and Shri Bhavsagar Singh (respondent no.3).

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The Testator did not marry during his lifetime and is not survived by any legal heir except the petitioner and the respondents no.2 and 3. 6. The Testator, during his lifetime, was invariably residing with the petitioner in Delhi since there was no one in the family to look after him. 7. As per the Will, the Testator bequeathed his movable and immovable properties to the petitioner. The Will was executed in the presence of two witnesses namely Shri Arvind Batish and Shri Harnam Singh.

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It is submitted that the Will is the last and final will of the Testator. The Testator was of sound mind at the time of execution of the Will.

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It is submitted that one of the assets of the Testator, i.e. , the aforesaid Savings Bank Account no. 20072312473 is situated in New Delhi. Therefore, this Court has the territorial jurisdiction to try and adjudicate the present petition.

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The petitioner, on 16^th January 2017, filed a petition bearing no. PC 4/2017 before the ADJ-01, Patiala House Courts, New Delhi and the same was returned under Order VII Rule 10(2) of the Code of Civil Procedure, 1908 for want of territorial jurisdiction vide order dated 23^rd May 2023.

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Signature Not Verified

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Page 2 of 5

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TEST.CAS. 93/2023

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:2 3.12.2025 21:04:53

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Notice in the present petition was issued to the respondents on 18^th December 2023.

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As recorded in order dated 22^nd January 2024, the respondent no.1 has been served.

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On 16^th April 2024, the petitioner was exempted from newspaper publication of citation/ notice on the ground that newspaper publication of citation was already done on two occasions, i.e. , on 17^th February 2017 and 28^th September 2018 in the earlier probate proceedings before the Patiala House Courts in PC 4/2017. No objection has been received pursuant thereto.

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As noted in the order dated 6^th May 2024, the respondents no.2 and 3 have also been served. None has entered appearance on behalf of the respondents no.2 and 3 nor has any objection been filed on their behalf.

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To be noted, the respondents no.2 and 3 were proceeded against exparte in the aforesaid proceedings before the ADJ, Patiala House Courts, New Delhi where the present petition was originally filed. 16. Accordingly, the respondents no.2 and 3 were proceeded against exparte by this Court on 28^th January 2025. 17. The petitioner also filed an application being I.A. 30963/2024, for adopting evidence of the petitioner and Shri Arvind Batash, one of the attesting witnesses of the Will, which was recorded before the ADJ in the aforesaid proceedings on 24^th April 2019.

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On 4^th August 2025, Registry of this Court was directed to requisition the record of the aforesaid case being PC 4/2017 from Patiala House Courts in a digitized format. The same has been embedded in the file of the present case.

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Signature Not Verified

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Page 3 of 5

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TEST.CAS. 93/2023

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:2 3.12.2025 21:04:53

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In view of the above, the matter was listed for the petitioner’s evidence. No formal issues were framed in the matter.

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Evidence by way of affidavit dated 23^rd April 2025 has been filed on behalf of the petitioner (PW-1). The original Will has been exhibited as Exhibit PW1/1 . The death certificate of the Testator has been exhibited as Exhibit PW1/4 . A copy of details of the Savings Bank Account no. 20072312473 in Bank of Maharashtra has been exhibited as Exhibit PW1/5 . 21. Statement of PW-1 (petitioner) has been recorded by the Joint Registrar through video conferencing on 31^st July 2025.

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I have also perused the Statement of Shri Arvind Batish recorded before the ADJ-01, Patala House Courts, New Delhi in PC 4/2017. He had deposed that the Testator has signed the Will in his presence. He had also identified the signatures of the Testator and the other attesting witness on the Will.

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As such, this is an uncontested case for grant of Letter of Administration.

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It is a settled legal position that if the beneficiary is the natural legal heir of the Testator, exemption can be granted from furnishing administrative-cum-surety bond. In the present case, the estate of the Testator has been bequeathed in favour of the petitioner, who is one of the natural heirs of the Testator. The Court is satisfied that the petitioner is entitled to the relief sought in the present petition. The requirement for furnishing of administrative-cum-surety bond is accordingly dispensed with.

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Accordingly, the petition is allowed in favour of the petitioner.

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Subject to the petitioner filing the requisite court fees, let the Letter of Administration be issued upon the petitioner in respect of the Will of the

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Signature Not Verified

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Page 4 of 5

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Digitally Signed TEST.CAS. 93/2023 By:AANCHAL TAGGAR Signing Da te:2 3.12.2025 21:04:53

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Testator.

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All pending applications stand disposed of.

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AMIT BANSAL, J

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DECEMBER 18, 2025 ds

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Signature Not Verified

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Page 5 of 5

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Digitally Signed TEST.CAS. 93/2023 By:AANCHAL TAGGAR Signing Da te:2 3.12.2025 21:04:53

Smt. Nirlape Kaur Hora v. the State (Govt. of N.C.T. of Delhi) and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Nirlape Kaur Hora v. the State (Govt. of N.C.T. of Delhi) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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