Full Judgment Text
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29.11.2023
+ CM(M) 1963/2023, CM APPL. 61355/2023 & CM APPL.
61356/2023
DR HARVINDER SINGH ..... Petitioner
Through: Ms. Poonam Sharma, Adv.
versus
SMT MANJEET KAUR SAHNI & ORS. ..... Respondents
Through: None.
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
J U D G M E N T
MANMEET PRITAM SINGH ARORA, J (ORAL) :
1. None appear for the Respondents despite advance notice.
2. Learned Counsel for the Petitioner states that this Petition be also
disposed of in terms of the order dated 28.11.2023 passed in CM(M)
1946/2023, titled as Dr. Harvinder Singh v. Prabhgun Kaur & Ors . ,
which reads as follows.
1. “This petition filed under Article 227 of Constitution of India
impugns the order dated 26.07.2022 passed by the ACJ – cum – ARC,
Central District, Tis Hazari Courts, Delhi (‘Trial Court’) in
succession petition bearing SC No. 29/2018, titled as ‘ Prabhgun
Kaur v. State and Ors. ’, whereby the Trial Court has allowed the
Respondent No.3’s application filed under Order XXXII Rule 1 and 3
of Code of Civil Procedure, 1908 (‘CPC’) seeking appointment as the
guardian of the minor Respondent No. 1 and for transposition as a co-
petitioner.
CM(M) 1963/2023 Page 1 of 3
Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:01.12.2023
03:54:32
1.1. The Trial Court after referring to the Will dated 05.11.2016
executed by deceased Mrs. Gursharan Kaur (mother of minor
Respondent No.1) and the Will dated 05.08.2019 executed by late
Sardar Surjit Singh Sahni (i.e., maternal grandfather of Respondent
No.1) permitted the Respondent No. 3 (i.e., maternal grandmother of
Respondent No.1) to be transposed as a co-Petitioner and appointed
her as the guardian of the minor Respondent No. 1 i.e., Ms. Prabhgun
Kaur.
2. Pertinently, the Trial Court in the impugned order has
recorded that Respondent No. 3 being the maternal grandmother of
the minor Respondent No.1, has no interest adverse to that of the
minor Respondent No.1.
3. This Court is of the considered opinion that there is no
infirmity in the impugned order of the Trial Court in view of the fact
that the Petitioner herein i.e., Dr. Harvinder Singh, is disputing the
validity of the holographic Will dated 05.11.2016, which is the subject
matter of the succession petition. His contest is averse to the interest
of Respondent No. 1 who has been named an exclusive legal heir in
the said Will.
4. At this stage, learned counsel for the Petitioner states that the
Petitioner is not pressing his challenge to the impugned order in this
petition. He states that however, Petitioner reserves his right to
contest the claim of guardianship of Respondent No. 1 in any separate
proceedings filed by either party. He states that the Petitioner accepts
the appointment of Respondent No. 3 as the guardian limited to the
proceedings arising for grant of the succession certificate. The said
statement of the Petitioner is taken on record.
5. Accordingly, this petition is dismissed along with pending
applications. The appointment of Respondent No. 3 as a guardian of
Respondent No. 1 in the succession petition is upheld.
6. It is clarified that the rights, if any, of the Petitioner to contest
his natural guardianship over the minor Respondent No.1 in any other
proceedings will be decided by the appropriate forum in accordance
with law.”
3. The aforesaid statement of the Petitioner is taken on record.
4. Accordingly, this Petition is dismissed along with the pending
applications.
5. This Court is of the considered opinion that there is no infirmity in the
impugned order of the Trial Court. The Appointment of Respondent No. 3
CM(M) 1963/2023 Page 2 of 3
Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:01.12.2023
03:54:32
as a guardian of Respondent No. 1 in the succession petition no. 120/2020 is
upheld.
6. It is clarified that the rights, if any, of the Petitioner to contest his
natural guardianship over minor Respondent No.1 in any other proceedings
will be decided in other appropriate forum in accordance with law.
7. With the aforesaid, the present petition stands disposed of.
MANMEET PRITAM SINGH ARORA
(JUDGE)
NOVEMBER 29, 2023
Aks/ms
CM(M) 1963/2023 Page 3 of 3
Signature Not Verified
Digitally Signed
By:Rashmi Dabas
Signing Date:01.12.2023
03:54:32