Delhi High Court - Orders
Mangat Ram Alagh vs State on 15 September, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS. 28/2003 with I.A. 44115/2024 & I.A. 44423/2024
MANGAT RAM ALAGH .....Petitioner
Through: Mr. Puneet Taneja, Senior Advocate
with Mr. Manohan Singh Narula,
Advocate
versus
STATE .....Respondent
Through: Mr. Rahul Malhotra and Mr. Jitender
Gupta, Advocates for R-4
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 15.09.2025 I.A. 44423/2024 (under Section 232 of Indian Succession Act, 1925 r/w Order XXII Rule 4A of the CPC)
1. The present application has been filed on behalf of the applicant Mr. Kapil Alagh, who is the son of Mr. Mangat Ram Alagh, the petitioner/ executor of the Will dated 9th September, 1991, stating that the petitioner has expired during the pendency of the present petition.
2. The applicant submits that since the petitioner has passed away, the present petition, which was originally filed for grant of probate, may be converted into a petition for grant of letters of administration of the subject Will.
3. Reply to this application has been filed only on behalf of the TEST.CAS. 28/2003 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 22:51:50 respondent no.2(iii).
4. None appears on behalf of the respondent no.2(iii) today.
5. Counsel appearing on behalf of the respondent no.4 does not oppose the present application.
6. I have heard counsel for the applicant.
7. The present application is squarely covered by the judgment of the Supreme Court in Vatsala Srinivasan v. Shyamala Raghunathan, (2016) 13 SCC 253.
8. The issue involved in the aforesaid case before the Supreme Court was whether the proceedings in a testamentary case would abate or the same may be converted into proceedings for grant of letters of administration upon the death of the executor of a will during the pendency of testamentary proceedings.
9. The Supreme Court upheld the judgment of the Division Bench of the High Court of Bombay converting the testamentary proceedings into proceedings for letters of administration holding that the proceedings with regard to both probate and letters of administration are of the same nature, relating to a settlement of genuineness and authenticity of a will.
10. In view of the aforesaid legal position, the present application is allowed and the present petition filed under Section 276 seeking grant of probate of the Will dated 9th September, 1991 is converted into a petition for grant of letters of administration in respect of the said Will.
11. The application is accordingly disposed of. I.A. 44115/2024 (u/O-I Rule 10 r/w O-XXII Rule 4 of the CPC)
12. In view of the order passed above, Mr. Kapil Alagh, the applicant/ respondent no.8(b), who is the son of the petitioner (executor of the subject TEST.CAS. 28/2003 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 22:51:50 Will) and grandson of the testator, is transposed as the petitioner in the present petition.
13. Accordingly, the application is disposed of in the aforesaid terms.
TEST.CAS. 28/200314. In view of the order passed above, the amended memo of parties is taken on record.
15. The Registry shall reflect the cause title of the present petition as 'Kapil Alagh v. State & Ors'.
16. It is stated that the respondent no.3 has since expired, the petitioner shall take steps to implead his legal heirs.
17. List before the Joint Registrar for recording of evidence of the respondent no.2 on 6th November, 2025.
AMIT BANSAL, J SEPTEMBER 15, 2025 ds TEST.CAS. 28/2003 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2025 at 22:51:50