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7. In the written statement the Defendant No.4 has admitted the claim of the Plaintiffs and has prayed to grant her the 1/3rd share in the Plaint Schedule Properties.

8. On the basis of the above pleadings, the following issues have been framed:-

1. Whether the Plaintiffs prove that the Plaint Schedule Properties are the joint family properties liable for partition?

2. Whether the Plaintiffs are entitle for 1/3rd share?

3. Whether the Will dated: 4.5.1989 and Gift Deed dated: 21.4.2006 are null and void?

Issue No.3 : The Plaintiffs have proved that the Will dtd: 4.5.1989 is null and void and have failed to prove that the Gift Deed dtd: 21.4.2006 is null and void.

Addl.Issue No.1 : In the Negative.

Addl.Issue No.2 : In the Affirmative. Addl.Issue No.3 : In the Negative.

29. Issue No.3:- The Plaintiffs have pleaded that the Will dtd: 4.5.1989 is null and void. The said Will is produced by the Plaintiffs as Ex.P.1. No party to the suit is relying on the said Will. The said Will is also not duly proved. Therefore, it has to be held that the Plaintiffs have proved that the Will dtd: 4.5.1989 stated to have been executed by Late Sanjeeva Shetty is null and void.

30. The Plaintiffs have pleaded that the Gift Deed dtd:

21.4.2006 is also null and void. This Court while discussing Additional Issue No.2 has held that the Gift Deed is valid.

Therefore, it has to be held that the Plaintiffs have failed to prove that the Gift Deed dtd: 21.4.2006 is null and void. Hence, this Issue is answered as above.

31. Issue No.1:- There is no dispute that the Plaint Schedule Properties belonged to Late Sanjeeva Shetty. This Court has held that Late Sanjeeva Shetty has executed the Gift Deed in respect of the portion of the Plaint 'A' Schedule Property in favour of Defendant No.1 to 3. This Court has held that the Will dtd:13.11.1996 is not duly proved. The Plaintiffs have referred to the particulars of the western boundary in the property in Ex.D.41, it shows that on the East - is the portion measuring 12 X 26 feet with a house given to the daughter of Late Lakshminarayana under the Will. But, the said Will is not on record, the Plaintiffs have also not pleaded about the said Will. Therefore, it has to be held that there is no testament left behind by Sanjeeva Shetty in respect of the remaining portion of the Plaint 'A' Schedule Property.