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2. I also direct that in the event of my acquiring any further movable or immovable assets hereinafter or any other assets that I may have forgotten to mention in the present Will the same shall devolve upon my daughter Mrs. Kavita Kanwar.

3. I hereby give, devise and bequeath to my son, Col.

Prithivijit Mamik, the credit balance lying in my Bank Accounts. I however, clarify that my said son shall not inherit any portion of my aforementioned immovable assets.

4. I hereby appoint my said daughter Mrs. Kavita Kanwar as the Executor of my Will.

In witness whereof, I Amarjit Mamik have set and subscribed my hand to this my last will as also to each of the 2 pages that comprise it having understood the contents thereof and endorsing thereby and giving my approval to the bequest made therein.

I fully endorse the manner in which my assets shall devolve as stated hereinabove in my will made out in 2 pages. Each of which page has been signed by me.


                                                Amarjeet Mamik
                                                 Testator
Signed by the Testator in the presence of
the witnesses and the witnesses have             (Sd/-)
signed in the presence of the Testator

Witness No. 1: (Sd/-)
                 Maj Gen Manjit Ahluwalia
                 D-34 Defence Colony
                 20 May 2003

Witness No. 2: (Sd/-)
               (Sd/-) 20/5/03 Urvinder S. Kohli


                                                 S/o S. Navinder S. Kohli
                                                 227 Jor Bagh N. Delhi”

35.1. As noticed, the Will in question (Ex.PW1/H) is drawn on two pages and is complete in itself and does not leave any scope for any other codicil concerning the estate of the deceased, particularly when bequeath has been made not only of the immovable property and the bank account but also as regards the other assets of testatrix in the residuary clause, which reads as under: – “2. I also direct that in the event of my acquiring any further movable or immovable assets hereinafter or any other assets that I may have forgotten to mention in the present Will the same shall devolve upon my daughter Mrs. Kavita Kanwar.” 35.1.1. Now, from the evidence on record and from the stand of the appellant, there is little to doubt that there had been several other assets of the testatrix apart from the said immovable property and the bank account. By virtue of the aforesaid residuary clause, all such other assets are bequeathed to the appellant. In the given scenario, two serious questions perforce acquire immediate attention. One that while making the application seeking probate, the appellant did not divulge all other assets which were to come in her hands by virtue of the said residuary clause of the Will in question10. Secondly, when there had not been any direction in the two page Will in question for making payment to anyone or parting with any movable to anyone, what had been the reason for the appellant making payment to different persons, including her own sons, the daughter of the attesting witness and the daughter of the respondent No. 1 apart from giving car to the daughter of the respondent No. 1 and jewelleries to the respondent No. 1 (as alleged in the written submissions before the 10 In paragraph 8.2 hereinbefore, we have reproduced the major contents of the application seeking probate with its Annexure-B wherein, only the said immovable property and the amount lying in the bank account were stated; and in paragraph 12 of the application, the appellant mentioned the immovable property as the only asset likely to come in her hands with the referred stipulations.