Deepak Kapoor vs State & Ors.

Court
Delhi High Court



$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 25.08.2026
# CNR No.DLHC010075252026
+ TEST.CAS. 14/2026
DEEPAK KAPOOR .....Petitioner
Through: Mr. Mohit Auluck, Advocate.
versus

STATE & ORS. .....Respondents
Through: Mr. Anubhav Gupta, Panel Counsel
(GNCTD) along with Mr. Shaurya
Tyagi, Advocates for R-1.
Mr. Dhairya Gupta and Mr. Ananye J.
Rajpal, Advocates for R-2 to R-4.
Mr. Manjeet Godara and Ms. Meenal
Solanki, Advocates for R-5.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. ( Oral )


IA No. 20687/2026 ( UNDER SECTION 151 OF THE CODE OF CIVIL
PROCEDURE ON BEHALF OF RESPONDENT NO.5 SEEKING
DIRECTIONS FOR COMPLETE DISCLOSURE OF THE ESTATE OF
THE DECEASED TESTATOR, DISCLOSURE OF MUTATION
RECORDS, INVENTORY, RENDITION OF ACCOUNTS AND
PRESERVATION OF THE ESTATE PENDING ADJUDICATION OF
THE PRESENT TEST AMENT ARY PROCEEDINGS )
1. The present petition has been filed under Section 276 read with
Sections 222 and 224 of the Indian Succession Act, 1925, for grant of
probate of the registered Will dated 23.10.2024 and the registered Codicil
dated 01.08.2025 of Late Lt. Gen. Raju Baijal, who passed away on
Signature Not Verified
TEST.CAS. 14/2026 Page 1 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



28.09.2025. The petitioner is the sole executor named in the Will.
Respondent no.1 is the State, and respondent nos.2 to 5, are the wife, the
daughter, the son and the mother of the deceased testator, and are his Class I
legal heirs.
2. The estate set out in the petition comprises a 1/3rd undivided share in
Flat No.125, Munirka Vihar, New Delhi-110067, a 1/4th undivided share in
property no.765-769, Katra Rishi Bhawan, Tilak Bazar, Delhi-110006, and
the movable assets and service benefits of the deceased testator. By order
dated 26.02.2026, inter-alia, the SDM concerned was directed to file a
valuation report in respect of the properties set out in Schedule ‘B’.
Respondent no.5 has filed her objections and reply, raising issues regarding
the execution, genuineness and validity of the Will and the Codicil.
Pleadings are yet to be completed and the matter is listed before the learned
Joint Registrar for that purpose on 07.09.2026.
3. By this application under Section 151 CPC, respondent no.5, the
mother of the deceased testator, seeks a direction to the petitioner and to
respondent no.2 to disclose the estate on affidavit; to disclose what has been
received out of it since the death of the testator and the claims made to any
authority in that behalf; to place on record the mutation proceedings before
the Delhi Development Authority in respect of the Munirka Vihar flat, and a
direction that no asset of the estate be dealt with without the leave of this
Court.

4. Respondent no.2 addressed the Army Group Insurance Fund asserting
that the Will bequeaths the entire insurance claim of the deceased testator in
her name, and that by her letter dated 20.01.2026 she requested that
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TEST.CAS. 14/2026 Page 2 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



authority to maintain status quo in the matter of disbursement, the Will
having been taken up for probate. Copies of that correspondence have been
filed by the petitioner along with the petition. By letter dated 12.03.2026
addressed to respondent no.2, with a copy to respondent no.5, the Army
Group Insurance Fund intimated that it had already disbursed the insurance
for the share of the wife and of the two major children, the same had been
paid to respondent no.2, and that the balance 25% share was being held by it
as the matter was sub judice, to be released as per the verdict of this Court.
5. The greater part of the insurance benefits of the deceased testator has
thus already been received by respondent no.2, and the balance is being
retained to await the outcome of these proceedings. Neither the petitioner
nor respondent no.2 has placed before this Court the amount so disbursed,
the date of disbursement, or any particulars of the other service benefits and
movable assets of the deceased testator.
6. As regards immovable property, the Delhi Development Authority, by
its letter dated 02.06.2026 addressed to respondent no.2 with a copy to
respondent no.5, informing Respondent No. 2 that with reference to her
letter dated 10.02.2026, and on the basis of the documents submitted by her,
the 1/3rd undivided share of the deceased testator in Flat No.125, Ground
Floor, Munirka Vihar, New Delhi stands transferred to her name. The
transfer was thus obtained during the pendency of the present petition and at
a stage when the Will and the Codicil remained to be proved. The same
letter records that the transfer would be treated as cancelled if it were found
that the facts had been stated incorrectly or had been suppressed. The
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TEST.CAS. 14/2026 Page 3 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



documents on the strength of which it was obtained are not before this
Court.
7. The estate is yet to be valued. The valuation report directed by order
dated 26.02.2026 has not been filed, the notices issued to the concerned
SDMs having returned unserved for want of a complete address. No reply to
the present application has been filed either by the petitioner or by
respondent no.2.
8. The jurisdiction to make the directions sought is not in doubt. In
Sarup Singh v. Govt. of NCT of Delhi , 2022 SCC OnLine Del 3991, a
coordinate Bench of this Court held:
“37. It may be noted that while the Application under Order XXXIX Rules 1
and 2 of CPC, 1908 may not be maintainable in the proceedings for grant of
Probate, since it does not concern with the determination of the title of the
parties in the suit properties but is only confined to determination of the
genuineness of the Will. However, the inherent jurisdiction of the Court
under Section 151 of CPC, 1908 to make appropriate orders in the interest of
justice, is not taken away.”

9. In Bai Avabai Hormusji Tata Trust v. Shernaz Faroukh Lawyer ,
2026 SCC OnLine SC 927, the Supreme Court observed:
“32. it is a primary function of the Probate Court is to adjudicate the
execution and genuineness of the Will but while doing so if the High
Court notices glaring irregularities or there is an element of mischief
played by an executor noticed by the High Court then in that situation
the High Court cannot be a silent spectator and will have to exercise
its plenary and constitutional power to check the mischief so as to
protect the property. The appellant's heavy reliance on Kanwarjit
Singh Dhillon (Supra) is fundamentally misplaced. It is true that the
primary function of a Probate Court is to adjudicate upon the due
execution and genuineness of a Will. However, this does not mean that
a High Court, while sitting in its testamentary jurisdiction, is denuded
of its constitutional powers.”


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TEST.CAS. 14/2026 Page 4 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



10. The directions sought are confined to disclosure and determine no
question of entitlement. They are nonetheless necessary, inasmuch this
Court is required to be apprised as to what the estate comprises and its
current position. The amount and date of the insurance benefits paid to
respondent no.2, the particulars of the other service benefits and movable
assets which are received by her, the documents upon which the transfer of
the share of the deceased testator in the Munirka Vihar flat was secured
during the pendency of the petition, and an official valuation of the
properties, are all not on record. The petitioner as executor and respondent
no.2 as the recipient are both in a position to state these matters on affidavit,
and no reason has been shown why they ought not to do so.
11. In the circumstances, the application is allowed in the following
terms-
i. The petitioner and respondent no.2 shall each file an affidavit
disclosing the estate of the deceased testator as on the date of his
death, setting out the particulars, inventory, valuation and present
status of the movable and immovable properties, bank accounts,
deposits, investments, securities, lockers, receivables, jewellery and
personal effects, and of the monetary entitlements and service
benefits, including Army Group Insurance Fund benefits, pension,
family pension, gratuity, leave encashment, provident fund, welfare
grants and ex gratia payments, together with the amounts sanctioned,
released, retained or received, the dates of release and the recipients
thereof. The affidavits shall also set out the claims, nominations,
applications and representations made by the deponent after the death
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Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



of the testator before any Armed Forces authority, bank, financial
institution, insurer, the Delhi Development Authority or any other
authority in relation to any asset or benefit of the estate.
ii. Respondent no.2 shall place on record the complete record of the
transfer communicated by the letter of the Delhi Development
Authority dated 02.06.2026, including her application dated
10.02.2026 and all affidavits, declarations, indemnity bonds and
supporting documents submitted by her in that behalf.
iii. The disclosure shall be made to the best of the knowledge and belief
of the deponents and on the basis of the records available with them.
iv. Until further orders, no asset forming part of the estate of the
deceased testator shall be alienated, transferred, encumbered or
otherwise dealt with, and no third party rights shall be created therein,
without the leave of this Court. This direction shall not apply to the
recurring pensionary payments received by respondent no.2, nor to
the sale permitted by this order in IA No.11133/2026.
12. Nothing in this order shall be construed as an expression of opinion
on the validity of the Will dated 23.10.2024 or of the Codicil dated
01.08.2025, on the rights of any party in respect of any asset of the deceased
testator, or on the correctness of the transfer effected by the Delhi
Development Authority.
13. The present application is allowed.
IA No.11133/2026 (UNDER SECTION 151 OF CODE OF CIVIL
PROCEDURE, 1908 SEEKING PERMISSION TO SELL 765-769,
KATRA RISHI BHAWAN, TILAK BAZAR, DELHI 110006)
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TEST.CAS. 14/2026 Page 6 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59



14. This is an application seeking permission to sell the property being
Ground Floor of 765-769, Katra Rishi Bhawan, Tilak Bazar, Delhi – 110006
th
wherein deceased testator has 1/4 share. The respondent no.2 to 5 are the
Class I legal heirs of the deceased testator.
15. Learned counsel for the respondent no.2 to 4 and learned counsel for
the respondent no.5 unequivocally state that they have no objection to the
present application and the sale of property as sought by way of the instant
application.
16. It is further agreed between the applicant and the respondent nos.2 to
th
5 that the respondent no.2 shall be entitled to 1/4 of the sale proceeds and
the same shall be deposited by the respondent no.2 in this Court as soon as
the sale consideration is received.
17. Accordingly, the prayers (a) to (d) of the present application are
allowed.
18. The application stands disposed of.
19. The aforesaid shall be without prejudice to the rights and contentions
of the parties with regard to the other properties which are subject matter of
the Will in question.

SACHIN DATTA, J
AUGUST 25, 2026 /r, nb





Signature Not Verified
TEST.CAS. 14/2026 Page 7 of 7

Digitally Signed
By:CHINU LUTHRA
Signing Date:01.09.2026
17:51:59