Delhi High Court
Dr.(Mrs.) Shakuntala S.Jaiman vs Mrs. Unou Behl Satsangi & Ors. on 4 December, 2009
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: 23rd November, 2009
Date of Order: December 04, 2009
+ CS(OS) No. 231/2007 & IA No. 15078/2009
% 04.12.2009
Dr. (Mrs.) Shakuntala S. Jaiman ...Plaintiff
Through: Mr.Sanjiv Bahl, Mr. Pravin Bahadur,
Mr. Rajat Bhardwaj, Mr. Rajiv Dubey and
Mr. Rajan Narayan, Advocates
Versus
Mrs. Unou Behl Satsangi & Ors. ...Defendants
Through: Mr. Mukesh Kumar, Advocate
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
1. The suit has been filed by the plaintiff for declaration, perpetual injunction
and mandatory injunction of possession of properties left behind by late Lt. Col. Prem
Saran Satsangi, who died on 1.4.2005. It is submitted by the plaintiff that deceased Lt.
Col. Prem Saran Satsangi had executed a Will on 13.4.1988 in favour of plaintiff who is
daughter of deceased Lt. Col. Prem Saran Satsangi from his first wife. This was the last
Will of Lt. Col. Prem Saran Satsangi and in accordance with this Will he left behind all his
properties in favour of the plaintiff. Mother of plaintiff who was first wife of the deceased,
had died in a car accident on 19.4.1984. Thereafter, Lt. Col. Prem Saran Satsangi
remarried with defendant no.1 and defendants no. 2 & 3 are the children of defendant
no.1.
2. The contention of defendant no.1 to 3 in the WS is that the Lt. Col. Prem
CS(OS) No. 231/2007 Page 1 Of 3
Saran Satsangi had revoked his earlier Will dated 13.4.1988 and had executed another
Will dated 3.1.2005 and in the latter Will he specifically made an observation that the
earlier Will was being revoked. By the Will dated 3.1.2005 defendant no.1 had become
owner of immovable properties and movable assets except flat no.369, Sector-A,
Pocket-C, Vasant Kunj, New Delhi which had been bequeathed in favour of the plaintiff
by late Shri P.S.Satsangi and rest of the properties had been bequeathed in favour of
defendants no.1, 2 & 3.
3. There is no dispute that Lt. Col. Prem Saran Satsangi had conducted
second married and had a child from the second marriage also. The second wife of
deceased Lt. Col. Prem Saran Satsangi is still alive. It has also been brought to the
notice of the Court that a Probate Petition has been filed by defendant no.1 for probate of
Will dated 3.1.2005 being Probate Petition No. 18/2008 titled as Mrs. Unou Behl
Satsangi v. State & Ors., which is pending adjudication.
4. The plaintiff in the replication has contended that the Court should ignore
the second Will relied on by defendants no. 1 to 3 since it was a forged Will and the
plaintiff has obtained an opinion from an handwriting expert in respect of this.
5. It is settled law that the Probate Court is the exclusive Court to decide
about the genuineness of the Will. The plaintiff has not obtained probate of the Will
dated 13.4.1988 in her favour while defendant had applied for probate of the will dated
3.1.2005. Obviously, the plaintiff would have opportunity to assail and object to the Will
propounded by Defendants no. 1-3 and she would also have a right to propound the Will
dated 13.4.1988. It is the Probate Court that will decide as to which of the Wills is
genuine. The result of the present suit would depend upon the result of the Probate
Court proceedings. If the Will of the defendants is held genuine, the properties left
behind by Lt. Col. Prem Saran Satsangi would have to go in accordance with the Will
propounded by defendants, if the Will propounded by plaintiff is held to be genuine the
properties would have to go in accordance with Will dated 13.4.1988. I, therefore,
CS(OS) No. 231/2007 Page 2 Of 3
consider that this suit is liable to be stayed till the Probate Court gives its finding about
the genuineness of either of the Wills. I, therefore, stay the proceedings in this case.
The case be adjourned sine die. The parties would be at liberty to revive this suit as and
when the decision of the Probate Court comes.
December 04, 2009 SHIV NARAYAN DHINGRA J.
vn
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