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Documents citing Mrs. Winifred Nora Theophilus vs Mr. Lila Deane & Others on 10 July, 2001

Smt. Seema vs Delhi Development Authority on 30 September, 2020

It is not in dispute that the Will dt.25/01/1999 Ex. PW-1/5 was executed in by a Hindu in Delhi and is an unregistered will. For t h is controversy, it is relevant to rely upon certain observations of the Hon'ble High Court of Delhi in case titled as "Mrs. Winifred Nora Theophilus vs Mr. Lila Deane & Others on 10 July, 2001 {AIR 2002 Delhi 6, 2001 (62) DRJ 422}" wherein inter alia it was observed as follows:-
Delhi District Court Cites 12 - Cited by 0 - Full Document

Shri. Rakesh Khosla vs Sh. Anil Khosla on 24 May, 2023

I do not concur with the said plea as it is a settled legal position that in NCT of Delhi, Will is not required to be probated and, thus, the jurisdiction of the Civil Court to adjudicate upon the validity of the Will cannot be said to be discarded (reference can be made to the judgments relied upon by Ld. Counsel for the plaintiff in Kanta Yadav v. Om Prakash Yadav, (2020) 14 SCC 102, Winifred Nora Theophilus v. Lila Deane, 2001 SCC OnLine Del 644, Rajan Suri v. State, 2005 SCC OnLine Del 1290, Pradeep Bhalla v. Sangeeta, 2007 SCC OnLine Del 310).
Delhi District Court Cites 57 - Cited by 0 - Full Document

Sh. Mahender Singh vs Smt. Kamla Devi on 10 July, 2015

Order dated 10.07.2015 Page no. 16 of 26 suit filed by the plaintiffs for declaration of their title over the suit property on the basis of agreement to sell, receipt, Will and GPA all dated 11.06.1996 and under the aforesaid circumstances, it was observed by Hon'ble Delhi High Court that the aforesaid documents do not convey any title in favour of the plaintiff and as such the plaintiff may not be deemed to be owners of the suit property on the basis of aforesaid documents since the agreement to sell was not registered and the Will was not probated. In the present case, the defendants are not relying on the aforesaid documents nor seeking a declaration from the court as to their ownership of the suit property. Moreover, in view of several authoritative pronouncement of Hon'ble Delhi High Court, the Will in Delhi is not required to be probated and the defendants can set up a Will in defence of a suit filed by the plaintiff claiming himself to be owner of the suit property even, if the same is not probated. To name a few of such judgment are - Winifred Nora Theophilus Vs. Lila Deane and Ors. 2001 CS No. 510/13 Mahender Singh Vs. Kamla Devi & Ors.
Delhi District Court Cites 25 - Cited by 0 - Full Document
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