Krishnendu Datta Vs State & Ors.

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$~27

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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TEST.CAS. 84/2025&I.A. 21489/2025 KRISHNENDU DATTA .....Petitioner Through: Mr. Manish Srivastava, Mr. Hardik Vashisht, Mr. Moksh Arora and Mr. Santosh Ramdurg, Advs. M: 8510004533 Email: [email protected] versus STATE & ORS. .....Respondents Through: Mr. Palash S. Singhai and Mr. Harshal Sareen, Advs. for R-1 to 3 (Through VC)

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 29.01.2026

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The present petition has been filed under Section 276 of the Indian Succession Act, 1925 (“Succession Act”) , seeking grant of probate in respect of the registered Will of the Testator, i.e., Late Shri Arun Raj Khanna (“Will”) . The said Will was registered with the Office of the SubRegistrar-VII, Delhi on 15^th January, 2014, bearing Document No. 5, in Book No. 3, Vol. No. 539, on pages 91 to 93.

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Learned counsel for the petitioner submits that the Testator was a Hindu by religion and is governed by the provisions of the Hindu Law. 3. The Testator died on 04^th September, 2019, which has been duly recorded in the Death Certificate issued on 18^th August, 2020. He is survivedby his wife, i.e., Smt. Praveen Khanna and two sons, namely, Sh. Anshu Raj Khanna and Sh. Arjun Raj Khanna.

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Page 1 of 9

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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Learned counsel for the petitioner further submits that the Testator, during his lifetime, had executed his final Will dated 15^th January, 2014, bequeathing all his movable and immovable properties, as provided in the Schedule – A, annexed with the present petition, to his wife, i.e., Smt. Praveen Khanna, making her the sole beneficiary and universal legatee of the said Will.

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He submits that the deceased Testator had stated in his Will that the properties, being devolved upon respondent no. 1, i.e., Smt. Praveen Khanna, shall be mutated in her name in the records of the concerned authority, based on the Will dated 15^th January, 2014.

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It is submitted that the Will was duly attested by two witnesses, namely, Sh. U.P. Pandey, S/o. Sh. Ram Adhar Pandey and Sh. Srikant Behera, S/o. Sh. Ram Chandra Behera, and was executed in accordance with the law and in presence of the said attesting witnesses, a doctor, and the petitioner herein. Hence, the Testator, while executing the Will, was in a sound state of mind and the same was executed by him out of his own free will.

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It is further submitted that the market value of the movable and immovable properties of the Testator, is estimated at approximately Rs. 69,31,70,714.73/-.

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Learned counsel for the petitioner submits that the petitioner herein was an acquaintance of the deceased Testator and was appointed as a Sole Executor of the Will, wherein, it was stated that the Executor/petitioner shall obtain probate of the Will dated 15^th January, 2014. Therefore, the present petition has been filed on behalf of the Executor.

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Learned counsel appearing for the petitioner draws the attention of

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Page 2 of 9

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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this Court to the affidavits filed on behalf of the respondent nos. 2 to 4, now respondent nos. 1 to 3 as per the amended Memo of Parties dated 27^th October, 2025, to submit that the Will in question has remained uncontested and that no objections, whatsoever, has been received from any of the respondents or any other party.

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Learned counsel for the respondents puts in appearance and confirms the fact that the respondents have no objection, if the probate of the Will is granted by this Court.

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Having heard learned counsels for the parties and after perusal of the documents on record, this Court notes that the deceased Testator, i.e., Late Shri Arun Raj Khanna, in his lifetime, had executed a Will dated 15^th January, 2014, registered with the Sub-Registrar – VII, thereby, bequeathing all his movable and immovable properties, as provided in the Schedule – A , in favour of his wife, i.e., Smt. Praveen Khanna without any coercion and out of his own free will. The said Schedule – A , as attached with the present petition, is reproduced as under:

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Page 3 of 9

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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Further, as per the Death Certificate of the Testator issued on 18^th August, 2020, the Testator had died on 04^th September, 2019 at the property bearing No. 64, Golf Links, New Delhi - 110003 . Further, a substantial part of Estate of the deceased Testator is also located in Delhi. Thus, this Court has necessary territorial jurisdiction to entertain this matter and pass appropriate orders. The Death Certificate of the Testator, as attached with the present petition, is reproduced hereinunder:

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A perusal of the Will dated 15^th January, 2014 shows that the deceased Testator had appointed the petitioner, i.e., Mr. Krishnendu Datta,

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Page 4 of 9

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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 02/02/2026 at 12:14:35

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as the Sole Executor of the Will in question and that the petitioner is entitled to obtain probate, if necessary, without being required to furnish any security. The relevant portion of the Will, appointing the petitioner as the Sole Executor, is extracted hereinbelow:

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―xxx xxxxxx

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I also, hereby appoint Mr. Krishnendu Datta, resident of B-4/66 (Ground Floor) Safdarjung Enclave, New Delhi 110029 as the sole executor of this my Will, who will be entitled to obtain probate/letters of administration, if deemed necessary without being required to furnish any security.

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xxx xxxxxx‖

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Further, this Court notes the statement made on behalf of the learned counsel for the respondents that the Will in question is not being contested by any of the respondents. The respondents have also filed their affidavits, in this regard, before this Court.

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Affidavit on behalf of respondent no.1, i.e., Praveen Khanna, reads as under:

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“

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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”

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Affidavit on behalf of respondent no.2, i.e., Anshu Raj Khanna, reads as under:

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“

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Page 6 of 9

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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”

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Affidavit on behalf of respondent no.3, i.e., Arjun Raj Khanna, reads as under:

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“

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Page 7 of 9

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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”

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Perusal of the aforesaid affidavits clearly shows that the respondents have given their no objection if probate of the Will is granted. As such, this is an uncontested case for grant of probate of Will.

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This Court also notes the Valuation Report dated 02^nd April, 2025, filed with the present petition, as per which, the net total value of the Estate of the deceased Testator is fixed at Rs. 69,27,25,714.73/-.

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Thus, this Court finds no impediment in the grant of probate of Will in the present petition in terms of Section 276 of the Succession Act. Since, the petitioner herein is the named Executor of the Will dated 15^th January, 2014, this Court is of the considered opinion that petitioner can be exempted from filing any Surety Bond. In this regard, it would be apposite to refer to the judgment passed in the case of Arvind Nanda Versus State, 2020 SCC OnLine Del 2922 , wherein, it has been held as follows:

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―xxx xxx xxx

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10. The settled case law, therefore, clearly lays down the following principles:—

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(1) The imposition of a condition for furnishing an indemnity/security is at the discretion of the Court.

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(2) Whenever the Court is of the opinion that a condition is required to be imposed due to any debts and the fact that there is a possibility of other claimants raising claims, the condition may be imposed.

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This is a digitally signed order.

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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 02/02/2026 at 12:14:35

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(3) In every case involving the grant of a succession certificate, a mechanical approach of imposing a condition for furnishing the surety/security and insisting on the indemnity bond is not required.

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(4) When an exemption from filing any surety is sought, the Court has to consider the entire conspectus and exercise its discretion depending on the facts of each case, in accordance with law.

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(5) As held by the ld. Division Bench of this Court in Rajesh Kumar Sharma (supra), the imposition of a condition is not mandatory.

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xxx xxx xxx‖

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(Emphasis Supplied)

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In view of the aforesaid legal position and considering the fact that the present petition is uncontested as all the respondents have given their no objection to the grant of probate, the petitioner, who is the named Executor, is exempted from furnishing the Surety Bond.

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Accordingly, in the overall conspectus, the present petition is allowed. Subject to the petitioner filing the requisite Court Fee, the probate stands granted with respect to the Will dated 15^th January, 2014, registered with the Office of Sub-Registrar-VII, Delhi, executed by Late Shri Arun Raj Khanna, with respect to the movable and immovable properties, as provided in Schedule-A .

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The Registry is directed to issue a Certificate of Probate in favour of respondent no. 1.

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With the aforesaid directions, the present petition, along with the pending application, is disposed of.

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MINI PUSHKARNA, J

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JANUARY 29, 2026/KR

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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 02/02/2026 at 12:14:35

Krishnendu Datta v. State & Ors.

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Krishnendu Datta v. State & Ors.

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