New Delhi [India], August 19 (ANI): The Delhi High Court on Tuesday upheld the validity of the Will of late industrialist Davinder Kumar Jain (DKJ), founder of the Luxor Group, dismissing challenges raised
by his daughter Priya Jain. A Division Bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar affirmed the May 27, 2025 order of a Single Judge, which had granted probate of DKJ’s December 11, 2004 Will in favour of executor Sanjay Kalra. As a result, Priya Jain’s separate partition suit over her father’s estate was also rendered infructuous. Pronouncing its verdict on Tuesday, the Bench confirmed that the probate granted earlier in favour of Usha Jain, widow of DKJ, stood legally valid. The Court stated that the Will vested DKJ’s entire estate, including his substantial business interests and a 50 per cent stake in Delhi’s iconic Qutab Hotel, in her name, subject to succession passing to the children if she predeceased him. Priya Jain had alleged that the Will was forged and fabricated, citing variations in the spelling of her father’s name (“Davinder” vs. “Devendra”), discrepancies in heirs’ recorded ages, absence of codicils despite expansion of assets, and its emergence only after DKJ’s death in 2014. She further contended that the signatures required a forensic examination. The Division Bench rejected these objections, holding that attesting witness Mahesh Kumar Gupta confirmed DKJ signed the Will in his presence and that of another witness, testimony that withstood cross-examination. The Court pointed out Priya had herself acknowledged the Will’s validity in multiple documents, including a 2014 Memorandum of Understanding, and had benefited financially through share transfers and release of fixed deposits. Spelling differences and the Will’s unregistered status were deemed immaterial, as registration is not mandatory under the Indian Succession Act, 1925. The Court held probate could lawfully be granted to one executor under Section 311 ISA, even without the co-executor joining. The Bench also dismissed allegations of undue favours to witnesses and refused to draw adverse inferences from the fact that Usha Jain did not personally depose. Declaring that the Will “stood duly proved in accordance with law, free from suspicious circumstances, and reflective of the testator’s volition,” the Court dismissed both appeals and disposed of all pending applications. Senior Advocates Mukul Rohatgi and Darpan Wadhwa, assisted by Karanjawala & Co. partners Ruby Singh Ahuja, Vasu Singh, Megha Dugar, Tribhuvan N. Singh, and Aditi Mohan, represented Usha Jain. Priya Jain was represented by Senior Advocate Harish Malhotra with Advocate Rajiv Bahl. Another family member, Pooja Jain, was represented by Senior Advocate Rajiv Nayar and Darpan Wadhwa with the same legal team. (ANI)
