Umesh Varma vs The Government Of Nct Of Delhi - Succession Act

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

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* 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](https://indiankanoon.org/doc/56600062/) of the Code
                      of Civil Procedure, 1908 (" [CPC](https://indiankanoon.org/doc/161831507/) ") read with [Section 229](https://indiankanoon.org/doc/1486625/), [230](https://indiankanoon.org/doc/248084/) and [231](https://indiankanoon.org/doc/720096/) of the
                      Indian Succession Act, 1925 (" [Succession Act](https://indiankanoon.org/doc/685111/) ") for taking on record the
                      renunciation of the Executor, and for proceeding with the petition, in
                      accordance with law.

1. 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.
   

2. 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](https://indiankanoon.org/doc/685111/) of
                     the Succession Act, and the same has been placed on record before this
                     Court as Document 1, along with the present application.
   

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

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

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

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

7. 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.

8. 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.

9. 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.
   

10.  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.
    

11.  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.
    

12.  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.
    

13.  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.
    

14.  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.

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

2.  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:
   

3. 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:

4. 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.
   

5. 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.

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

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

8. 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.
   

9. 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.

10. The aforesaid statement is taken note of.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. The petition is accordingly disposed of.

MINI PUSHKARNA, J
MARCH 17, 2026/KR