Delhi High Court - Orders
Sanjeev Khosla vs Rajiv Khosla & Ors on 1 September, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 216/2020
SANJEEV KHOSLA .....Plaintiff
Through Mr. Sanjoy Ghose and Mr. Rishabh
Jetley, Advs.
versus
RAJIV KHOSLA & ORS. .....Defendants
Through Mr. Sanjay Goswami, Adv. for D-1 &
3.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 01.09.2020 [Court hearing convened via video-conferencing on account of COVID-19] CS (OS) No. 216/2020 & I.A. Nos. 7060-62/2020
1. The parties have substantially complied with the directions issued by this Court on the previous date i.e. 19.08.2020.
2. Mr. Sanjoy Ghose, who appears on behalf of the plaintiff, says that he is largely satisfied with the documents filed on behalf of defendant no. 1 and 3. 2.1 That being said, Mr. Ghose says that there is a reference to a Will apparently executed by defendant no. 3 on 23.10.2019 in the Will/codicil executed on 25.08.2020. Mr. Ghose says that the plaintiff is unaware of what is stated in that Will.
2.2 Besides this, Mr. Ghose, on instructions of the plaintiff, who has joined the virtual-court hearing today, says that the plaintiff has no intention to assail or challenge the father's Will i.e. Mr. Krishan Dev Khosla's Will dated 23.11.2012.
CS(OS) 216/2020 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:02.09.2020 08:45:463. Given the aforesaid backdrop, Mr. Sanjay Goswami, who appears for defendant no. 1 and 3, is directed to file an additional-affidavit which will advert to that part of defendant no. 3's Will dated 23.10.2019 which alludes to the suit property.
3.1 Furthermore, this affidavit will clearly state that notwithstanding the Will dated 23.10.2019 or the Will/codicil dated 25.08.2019, defendant no. 3, in order to settle the disputes, declares that after her demise, the right, title and interest in the basement and the ground floor of the suit property shall vest in the plaintiff.
4. It is made clear that since, for the reasons of privacy, the Will dated 23.10.2019, said to have been executed by defendant no. 3, is not placed before the Court, the plaintiff as well as the defendant no. 1, would have the right to assail the same, if they choose to do so in future, albeit, as per law.
5. It appears that a typographical error has crept in paragraph 5 (i) of the order dated 19.08.2020. There is a reference to the "first floor" in the second-last line of the said paragraph. The reference, as correctly pointed out by counsel for the parties, should have been to the "ground floor" in the second-last line of the said paragraph.
6. Accordingly, paragraph 5 (i) of the order dated 19.08.2020, after correction, shall read as follows: -
"(i) Mrs. Saroj Khosla i.e. defendant no. 3, who has joined the virtual-
court hearing, will execute a Will with regard to the basement and ground floor of the property bearing no. S-158, Greater Kailash-II, New Delhi-110048 [hereafter referred to as the "GK property"]. The plaintiff will be the beneficiary of this Will. Mrs. Saroj Khosla will file an affidavit whereby she will aver that she seeks only life interest in the basement and ground floor of suit property and that if she were to pre- decease the plaintiff her share would vest in the plaintiff."
CS(OS) 216/2020 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:02.09.2020 08:45:467. Other directions in the order dated 19.08.2020 will remain unaltered.
8. Renotify the matter on 21.09.2020.
9. Mr. Goswami is also directed to place on record the apostilled Will/codicil dated 25.08.2020 as soon as it is received from the concerned authority.
RAJIV SHAKDHER, J SEPTEMBER 01, 2020 rb/kk Click here to check corrigendum, if any CS(OS) 216/2020 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:02.09.2020 08:45:46