In a key ruling in the high-stakes Mewar royal succession battle, the Delhi High Court refused to entertain a plea by Princess Padmaja Kumari Parmar seeking control over her late father Arvind Singh Mewar’s estate on the basis of intestacy, holding that such a claim cannot proceed when a Will is already on record. The decision reinforces the legal boundary between intestate and testamentary succession, ensuring disputes over a Will’s validity are resolved through proper probate proceedings.
The dispute arose after Padmaja Kumari moved the Court claiming her father had died without a valid Will and sought to administer the estate for all legal heirs. While acknowledging the existence of certain testamentary documents, she questioned their authenticity, alleging doubtful circumstances surrounding their execution.
Opposing this, her brother Lakshyaraj Singh Mewar relied on a registered Will naming him as the sole beneficiary. With parallel proceedings earlier pending across different High Courts, the matter was consolidated before the Delhi High Court to avoid conflicting outcomes, placing the focus squarely on whether an intestacy-based claim could survive alongside a contested Will.
The Court firmly rejected such an approach, emphasizing that once a Will is brought into the picture, the estate cannot be treated as intestate unless the Will is first examined in accordance with law. It observed that “permitting adjudication of the same issue in parallel proceedings founded on intestacy would run contrary to the legislative scheme and may result in inconsistent findings.”
Highlighting the statutory framework, the Court clarified that challenges to a Will must be addressed through testamentary proceedings, not bypassed through separate claims. Accordingly, the petition seeking Letters of Administration on the basis of intestacy was held to be not maintainable.
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