The background of this case is that one Ms. P and Mr. H were 50% owners of the suit property. Ms. P passed away in the year 2012, leaving behind two daughters and two sons. The Petitioner is one of the sons of Ms. P and the brother of Mr. H. Mr. H passed away on 29th March, 2018, in Delhi. He used to reside in the suit property. After the death of Mr. H, disputes arose between the Petitioner and his family and Respondent No.2 - Mr. B, who was working as the domestic help of Mr. H. Respondent No.1 is the son and Respondent No.3 is the wife of Respondent No. 2. The two sisters of the Petitioner and Mr. H have relinquished their shares in the suit property in favour of the Petitioner. Mr. H did not have any children. Thus, it is the claim of the Petitioner that he is the absolute owner of the suit property, being the real brother of Mr. H.

The case of the Petitioner is that upon the death of his brother, when he went back to the suit property, the Respondents did not permit him to enter the suit property. He was, therefore, forced to file a complaint with the police and an FIR was registered on 9th May, 2018. Post the said FIR being registered, the Respondents set up an alleged Will dated 15th September, 2017, which they claim has been executed by Mr. H, in favour of Respondent No.1. They have filed a probate petition seeking probate of the said Will and the said petition is stated to be pending. During the pendency of the probate petition, the Petitioner moved an application under Section 192 of the Indian Succession Act, 1925. which was dismissed by the ld. Trial Court, and was challenged before the Delhi High Court.

The Delhi High Court passed an order in favour of the Petitioner that the respondents shall hand over the peaceful possession of the suit property to the Local Commissioner who shall then hand over the same to the Petitioner. The Respondents were the domestic help of the deceased and cannot convert themselves into owners of the suit property, especially since their rights are yet to be established in the probate petition.