Kamal Gaur Vs Archana & Anr. — Succession and Inheritance | Delhi HC (2026)

Kamal Gaur Vs Archana & Anr. — Succession and Inheritance | Delhi HC (2026)

What the court decided

AI extract

Outcome

Revision petition allowed and impugned order dated 03.02.2026 set aside; Executing Court directed to take further steps in accordance with law for execution of the Decree in favour of the Decree Holder; respondent no.2 (Sunil Sharma) to request Manjeet Singh to file an affidavit of relinquishment (to be placed on record within six weeks, copy to counsel for petitioner and respondent no.1), and to file before the Executing Court within six weeks an affidavit furnishing her present residential address for service of notices along with an updated statement of movables and immovables held by her; pending applications rendered infructuous; petition disposed of.

Issue for consideration

Whether the impugned order (dismissing the petitioner's review application and thereby sustaining the attachment of House No. 761, Village Shahbad Mohamadpur) was correct, given that the property was bequeathed to the petitioner by registered Will dated 01.07.2013, the judgment debtor's siblings had relinquished/transferred their rights in favour of Smt. Bateri Devi, and probate proceedings are pending.

Court's answer

The revision petition is allowed because the impugned order's view that the property could not have been originally transferred runs contrary to the registered Will, the relinquishment of rights by the children of Smt. Bateri Devi in her favour, and the probate proceedings.

Ratio / Principle

In view of the statements taken on record, the impugned order is set aside.

Key takeaways

The Executing Court shall take further steps, in accordance with law, for execution of the Decree in favour of the Decree Holder.ratio¶35

Detailed headnote1 paragraphs

Delhi High Court (Anish Dayal, J.) allowed Civil Revision Petition C.R.P. 140/2026 filed by Kamal Gaur against the order dated 03.02.2026 of the District Judge-03, South West District Courts, Dwarka, in Execution (Civil) No. 194/2023, whereby his review application against the order dated 09.01.2026 (which had dismissed his objections and issued warrants of attachment against House No. 761, Village Shahbad Mohamadpur, New Delhi) was dismissed. The Court held that the impugned order's view that the property could not have been originally transferred was contrary to the registered Will No. 9196 dated 01.07.2013 by which the petitioner's grandmother Smt. Bateri Devi bequeathed the property to him, the relinquishment of rights by her children (including judgment debtor Sunil Sharma) in her favour in 2000, and the probate petition filed on 09.04.2026 under Section 276 of the Indian Succession Act, 1925. The impugned order was set aside; the Executing Court was directed to take further steps in accordance with law for execution of the decree dated 29.04.2014 in favour of the Decree Holder; Sunil Sharma was directed to place Manjeet Singh's relinquishment affidavit on record within six weeks and to file an affidavit of her residential address with a statement of movables and immovables before the Executing Court within six weeks. Pending applications were rendered infructuous.

$~42

IN THE HIGH COURT OF DELHI AT NEW DELHI

- C.R.P. 140/2026 & CM APPL. 30122-30124/2026

KAMAL GAUR .....Petitioner

Through: Mr. Arvind Chaudhary, Mr. Ankit Chaudhary and Mr. Vinay Kumar, Advs.

versus

ARCHANA & ANR. .....Respondent

Through: Mr. Bhabani Sarkar, Adv. for R-1. Mr. Banamali Shukla, Mr. Rakesh Kr. Hooda, Advs. for R-2 along with R-2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R % 26.05.2026

This Civil Revision Petition has been filed by petitioner assailing order dated 03^rd February 2026 passed by the District Judge-03, South West District Courts, Dwarka, New Delhi, in Execution (Civil) No. 194/2023 [“ impugned order ”], whereby the Court dismissed review application filed by petitioner against order dated 9^th January 2026.

Vide order dated 9^th January 2026, the Court dismissed the objections filed by petitioner and issued warrants of attachment against property of petitioner bearing No. 761, Village Shahbad Mohamadpur, New Delhi .

It is submitted on behalf of Kamal Gaur [ petitioner herein ] that the property which is sought to be executed pursuant to Judgment and Decree dated 29^th April 2014, had been bequeathed to him by his grandmother, Smt.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2026 at 11:35:05

Bateri Devi, vide registered Will dated 01^st July 2013.

Guardianship petition No. 618/2001 , was filed on behalf of Smt. Bateri Devi , wife of late Suraj Bhan , seeking appointment as guardian of her grandson Master Kamal /petitioner. Petitioner attained majority in the year 2015, having been born on 07^th June 1997. Father of the petitioner passed away on 22^nd September 2002, and, thereafter, his mother left him and remarried.

In the aforesaid circumstances, guardianship of petitioner was asserted by his grandmother [ Smt. Bateri Devi ] and was, accordingly, granted in her favour vide order dated 09^th December 2006.

It is asserted that when Smt. Bateri Devi passed away on 03^rd July 2013, the property devolved upon petitioner by way of bequest. It seems that pursuant to order dated 09^th January 2026, a Probate Petition has also been filed on 09^th April 2026, under Section 276 of the Indian Succession Act, 1925, in which notice has been issued by the Probate Court.

Counsel for petitioner further contends that even the Tehsildar ’s report, recorded by the Metropolitan Magistrate [‘ MM ’] on 31^st May 2018 states that House no. 761, Village Shahabad Mohammadpur belongs to one Kamal Gaur , who is owner of said property by virtue of registered Will No. 9196 dated 01^st July 2013, and that the General Power of Attorney [‘ GPA ’] qua the property has already been executed by the accused [ respondent herein ] and other persons in the year 2000, prior to filing of Complaint Case No. 4456 in 2014.

In this regard, documents have been appended by petitioner, including the GPA executed by respondent no.2/Judgment Debtor [ Sunil Sharma ] and her brothers in favour of their mother [ Smt. Bateri Devi ]. Said position is

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2026 at 11:35:05

further affirmed by respondent no.2/Judgment Debtor, who is present in the Court along with her counsel, and states that she has no right, title or interest in said property considering that she and her brothers had transferred their rights in favour of their mother in the year 2000.

Respondent no.2/ Sunil Sharma further states that her brothers, namely Sukhbir Singh , father of Kamal Gaur /petitioner, and Suresh Kumar have already passed away and the only surviving sibling apart from her is Manjeet Singh .

Kamal Gaur /petitioner is also present in the Court and is represented through, and identified by his counsel. He states that he is in possession of said property and had acquired the same by way of bequest from his grandmother [ Smt. Bateri Devi ]. He further states that he has already initiated probate proceedings in this regard.

Apart from the affidavit already filed by all the siblings, which is placed at page number 134 of the present petition, stating that they had transferred their respective shares in said property in favour of their mother [ Smt. Bateri Devi ], respondent no. 2/ Sunil Sharma further undertakes that she shall request Manjeet Singh to file an affidavit affirming that he has relinquished his rights, and has no right, title or interest in said property.

The said affidavit shall be placed on record within six weeks.

A copy of the same shall be provided through counsel for respondent no.2/ Sunil Sharma to counsel for Kamal Gaur /petitioner as well as respondent no.1.

In view of aforesaid facts and circumstances, the present revision petition is allowed since the impugned order has taken a view that the property could not have been originally transferred. The said view is in teeth of the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2026 at 11:35:05

registered Will, the relinquishment of rights by children of Smt. Bateri Devi in her favour, as well as the probate proceedings.

In view of the statements taken on record, impugned order is set aside. 16. Accordingly, the Executing Court shall take further steps, in accordance with law for execution of Decree in favour of Decree Holder. 17. Counsel for Kamal Gaur /petitioner further states that property bearing No. 761 , Village Shahabad Mohammadpur , New Delhi has also been considered as No. 756 , Saini Mohalla , Beechwala , Village Shahbad Mohammadpur, New Delhi , and the same has been noted in order dated 03^rd February 2026 passed by the District Judge in aforesaid Execution proceedings.

Respondent no.2/Judgment Debtor [ Sunil Sharma ] shall file an affidavit before the Executing Court furnishing details of her present residential address, where notices may be served upon her, along with an updated statement of movables and immovables held by her. The same shall be filed before the Executing Court within six weeks.

Accordingly, the present petition is disposed of.

Pending applications, if any, are rendered infructuous.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

MAY 26, 2026/MK/ya

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/05/2026 at 11:35:05

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 03.02.2026 of the District Judge-03, South West District Courts, Dwarka, New Delhi, in Execution (Civil) No. 194/2023, whereby the Court dismissed the review application filed by the petitioner against the order dated 09.01.2026.¶12
District Judge-03, South West District Courts, Dwarka, New Delhi · 03.02.2026
Prior proceeding
Order dated 09.01.2026 of the trial court dismissed the objections filed by the petitioner and issued warrants of attachment against the petitioner's property No. 761, Village Shahbad Mohamadpur, New Delhi.¶13
Prior proceeding
The property being executed pursuant to a Judgment and Decree dated 29.04.2014.¶14
Prior proceeding
The property was bequeathed to the petitioner by his grandmother Smt. Bateri Devi vide registered Will dated 01.07.2013.¶17
Prior proceeding
Guardianship petition No. 618/2001 was filed on behalf of Smt. Bateri Devi, wife of late Suraj Bhan, seeking appointment as guardian of her grandson Master Kamal (petitioner); petitioner born 07.06.1997, attained majority in 2015; his father died on 22.09.2002 and his mother left and remarried.¶18
Prior proceeding
Guardianship of the petitioner was granted in favour of his grandmother Smt. Bateri Devi vide order dated 09.12.2006.¶19
Prior proceeding
Smt. Bateri Devi passed away on 03.07.2013, whereupon the property devolved upon the petitioner by way of bequest.¶20
Prior proceeding
Pursuant to the order dated 09.01.2026, a Probate Petition was filed on 09.04.2026 under Section 276 of the Indian Succession Act, 1925, in which notice has been issued by the Probate Court.¶20
Prior proceeding
Tehsildar's report recorded by the Metropolitan Magistrate on 31.05.2018 states that House no. 761, Village Shahabad Mohammadpur belongs to Kamal Gaur, owner by virtue of registered Will No. 9196 dated 01.07.2013.¶21
Prior proceeding
Documents appended by petitioner include the GPA executed by respondent no.2/Judgment Debtor (Sunil Sharma) and her brothers in favour of their mother Smt. Bateri Devi in the year 2000, prior to filing of Complaint Case No. 4456 in 2014.¶22
Prior proceeding
Affidavit already filed by all the siblings, placed at page number 134 of the present petition, stating that they had transferred their respective shares in the property in favour of their mother Smt. Bateri Devi.¶28
Prior proceeding
Noted in the impugned order dated 03.02.2026: property bearing No. 761, Village Shahabad Mohammadpur, New Delhi has also been considered as No. 756, Saini Mohalla, Beechwala, Village Shahbad Mohammadpur, New Delhi.¶35