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6. CASE OF DEFENDANT NO. 5 AND 6.

6.1. The present suit is not maintainable in the eyes of the law and have been filed without any valid cause of action.

6.2. The suit property bearing No. K-124, First Floor, West Patel Nagar, New Delhi admeasuring approximately 65 sq. yards was the self-acquired property of Late Smt. Sushila Ohri, who purchased it in the year 1972 from Shri Jai Kishan Lal (son of Shri Thakur Das) by virtue of a registered Will dated 07.06.1972.

6.3. After the demise of Late Smt. Sushila Ohri, the suit property devolved upon Late Ms. Shobha Ohri @ Shubh and a fresh lease deed was executed in her favour by defendant no.7 / L&DO.

10.3. PW-1 Sh. Jagdeep Ohri reiterated the contents of his plaint in his examination-in-chief and deposed that the owner of the suit property Late Ms. Shobha Rani @ Shubh was their cousin, who died intestate on 23.12.2015 and after her demise, the suit property has devolved upon her all legal heirs in equal shares.

PW-1 has further deposed that a WILL propounded by defendant no.1, 2 and 3 is a false and fabricated document as Late Ms. Shubh was suffering from mental disorder and remained under treatment from several mental hospitals till the date of her death and consequently not competent / capable to execute a WILL propounded by defendant no.1, 2 and 3.

16.16. Hence, in terms of Section 15 HSA, the suit property would devolve upon the legal heirs of her father.

16.17. For ascertaining the legal heirs of her father, Late Sh. Yog Raj Ohri, it is necessary to refer to Section 8 HSA, which is reproduced hereinbelow:

"8. General rules of succession in the case of males.--The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter--

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

16.19. A close scrutiny of the aforesaid schedule manifests that no Class I legal heir of Late Sh. Yog Raj Ohri was alive at the time of demise of Late Ms. Shubh upon whom the suit property would have devolved, however, in category II of Class II heirs, the relation of 'brother' is provided at serial no.3, which is important and pertinent for the adjudication of the issue in hand as defendant no.6, Sh. Subhash Chander Ohri, brother of Late Sh. Yog Raj Ohri @ Yogi falls within the said category and by virtue of Section 16 read with Section 9 HSA, the entire suit property would have devolved upon him had Late Ms. Shubh died intestate.