Umesh Varma vs The Government Of Nct Of Delhi And Ors. & ... on 17 March, 2026

                          $~28
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                              Date of Decision: 17.03.2026
                          +      TEST.CAS. 82/2025 & I.A. 6730/2026
                                 UMESH VARMA                                          .....Petitioner
                                                    Through:    Mr. Piyush Singh, Mr. Nitesh Ranjan,
                                                                Ms. Avntika Chaudhary and Mr.
                                                                Neelaksh, Advs.

                                               versus
                                 THE GOVERNMENT OF NCT OF DELHI AND ORS.
                                                                            .....Respondents
                                               Through:     Mr. Abhinav Singh, Mr.
                                                            Shantanu Patel and Mr. Rishab
                                                            Mittal, Advs. for GNCTD
                                                            Mr. Shubham Raj, Adv. for R-2
                                                            to 6
                                 CORAM:
                                 HON'BLE MS. JUSTICE MINI PUSHKARNA
                                 MINI PUSHKARNA, J. (ORAL):

1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 ("CPC") read with Section 229, 230 and 231 of the Indian Succession Act, 1925 ("Succession Act") for taking on record the renunciation of the Executor, and for proceeding with the petition, in accordance with law.

2. This Court notes that as per the Will dated 10th July, 2018, Mr. Rupal Kumar Jain had been appointed as Executor of the said Will.

3. Learned counsel appearing for the petitioner submits that the Executor, i.e., Mr. Rupal Kumar Jain has executed a written Deed of Renunciation dated 26th February, 2026, thereby, renouncing his

executorship under the Will in question, in accordance with Section 230 of the Succession Act, and the same has been placed on record before this Court as Document 1, along with the present application.

4. The said Deed of Renunciation dated 26th February, 2026, as executed by the Executor, namely, Mr. Rupal Kumar Jain, is reproduced as under:

5. Further, the Aadhar Card of the Executor, namely, Mr. Rupal Kumar Jain has also been attached, which is reproduced as under:

6. Accordingly, the said Deed of Renunciation dated 26th February, 2026 is taken on record.

7. Noting the aforesaid, the present application is disposed of.

8. In view of the Deed of Renunciation dated 26th February, 2026 having been taken on record by today‟s order, this Court notes that there is no impediment in dealing with the present petition on merits.

9. The present petition has been filed under Section 278 of the Succession Act for grant of Probate and Letters of Administration, in respect of the registered Will dated 10th July, 2018, executed by Late Shri Krishna Prasad Singh Varma.

10. Learned counsel for the petitioner submits that Late Shri Krishna

Prasad Singh Varma, who was the father of the petitioner, executed his last and final Will dated 10th July, 2018, in order to bequeath his movable and immovable properties according to his wishes, as stated therein.

11. He further submits that Late Shri Krishna Prasad Singh Varma passed away on 22nd July, 2019. The death certificate of Late Shri Krishna Prasad Singh Varma has been attached as Document-1, filed along with the present petition.

12. Learned counsel for the petitioner further submits that Late Shri Krishna Prasad Singh Varma was survived by his legal heirs, including, his son, i.e., Dr. Umesh Varma/the petitioner herein, his five daughters, namely Mrs. Charu Varma/respondent no. 2, Dr. Anshu Varma/respondent no. 3, Dr. Madhu Varma/respondent no. 4, Dr. Shalini Gupta/respondent no. 5 and Dr. Kanchan Varma/respondent no. 6. He further submits that Late Shri Krishna Prasad Singh Varma was also survived by his grandsons, namely, Mr Aditya Varma and Mr Aryamann Varma, who are the sons of the petitioner herein.

13. He submits that by virtue of the registered Will dated 10th July, 2018 executed by Late Shri Krishna Prasad Singh Varma, he bequeathed all his movable and immovable properties, which were purchased from his own funds and sources and were self-acquired properties, in favour of his legal heirs.

14. Thus, learned counsel for the petitioner submits that the petitioner has become the rightful successor to claim the movable and immoveable properties, as bequeathed to him under the Will in question.

15. Late Shri Krishna Prasad Singh Varma left behind his last and final Will dated 10th July, 2018, bequeathing the various movable and immovable properties owned by him, in the following manner:

"xxx xxx xxx

xxx xxx xxx"

16. Perusal of the original Will dated 10th July, 2018 shows that Late Shri Krishna Prasad Singh Varma bequeathed the following properties in favour of the petitioner:

i. Built up freehold property bearing no. 32, land area measuring 360 square yards, i.e., 301 square meters, situated in the layout plan of Bhatnagar House Building Co-operative Society known as Chitra Vihar, Vikas Marg, Delhi - 110092.

ii. Savings Account no. 605310100001489 in the Bank of India at Vikas

Mark, Delhi-110092.

iii. The proceeds of all deposits, loans and advances, share listed and unlisted (except investments in Kastura Medicos Limited). iv. The contents of Bank Locker with Bank of India at Vikas Marg, Delhi-110092.

v. HUF account in the name of KPS Varma (HUF) having PAN no.

AAJHK0365H. The proceeds of bank account (with ICICI Bank at Preet Vihar, Delhi-110092) and other assets belonging to the KPS Varma (HUF).

17. Further, as per the Will in question, the 146200 equity shares + 19500 jointly held equity shares, were bequeathed in the following manner:

i. Dr. Charu Varma/respondent no. 2 to receive 16,420 shares ii. Dr. Anshu Varma/respondent no. 3 to receive 16,420 shares iii. Dr. Madhu Varma/respondent no. 4 to receive 16,420 shares iv. Dr. Shalini Varma/respondent no. 5 to receive 16,320 shares v. Dr. Kanchan Varma/respondent no. 6 to receive 16,320 shares vi. Dr. Umesh Varma/petitioner to receive 64,300 shares, along with the 19500 jointly held equity shares.

18. Further, as per the Will, the amount in the savings Account no. 605310100002111 in the Bank of India, at Vikas Marg, Delhi - 110092 has devolved upon Dr. Madhu Varma/respondent no. 3.

19. The Will in question, has been attested by two witnesses, namely, Mr. Shekher and Mr. Jubin Joseph.

20. This Court takes note of the affidavit filed by one of the attesting witnesses of the Will in question, i.e., Mr. Shekher, who has stated that Late Shri Krishna Prasad Singh Varma had signed the Will in question in his presence, and also affirmed his own signatures on the Will in question, in

the following manner:

21. Mr. Jubin Joseph, i.e., the other attesting witness to the Will dated 10th July, 2018, has also stated in his Affidavit that Late Shri Krishna Prasad Singh Varma had signed the Will in question in his presence, and identified his signatures on the Will in question, in the following manner:

22. Thus, the execution of the Will dated 10th July, 2018, has been duly

proved in accordance with law, by the attesting witnesses, i.e., Mr. Shekher and Mr. Jubin Joseph.

23. This Court takes notes of the documents, with respect to the declarations having been filed on behalf of the five sisters of the petitioner, i.e., respondent nos. 1 to 5, in favour of their brother/petitioner, wherein, they have categorically stated that they have no objection to the present Will and have admitted and recognized the Will dated 10th July, 2018, to have been executed by their father, i.e., Late Shri Krishna Prasad Singh Varma.

24. The declaration of Dr. Madhu Verma, one of the sisters, is reproduced as under:

25. The declaration of Dr. Kanchan Varma, sister of the petitioner, is reproduced as under:

26. Likewise, the other remaining three sisters, namely, Dr. Charu Varma,

Dr. Anshu Varma, and Dr. Shalini Varma, have also executed similar declarations, which are on record before this Court.

27. Learned counsel appearing for respondent nos. 2 to 6 also submits that they have „no objection‟ to the grant of Letters of Administration in the present matter.

28. The aforesaid statement is taken note of.

29. Thus, in view of the legal heirs of Late Shri Krishna Prasad Singh Varma, i.e., respondent nos. 2 to 6, having given their „no objections‟, the present is an uncontested case for grant of Letters of Administration.

30. Accordingly, Letters of Administration with respect to the Will dated 10th July, 2018 of Late Shri Krishna Prasad Singh Varma is granted in favour of the petitioner.

31. The present petition is hereby allowed in favour of the petitioner, subject to the petitioner filing the requisite Court Fees in terms of the valuation report to be submitted by respondent no. 1.

32. 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 facts and circumstances of the case, since the present petition is uncontested, there will be no requirement to file any surety bonds.

33. Subject to the petitioners filing the requisite Court Fees, let the Letters of Administration be issued upon the petitioners in respect of the Will dated 10th July, 2018.

34. The petition is accordingly disposed of.

MINI PUSHKARNA, J MARCH 17, 2026/KR