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4. Respondent no. 3 contested the present petition and filed the WS/ Objections, wherein it has been stated that the petitioners have not come with clean hands before the court and have concealed the true and material facts from the court deliberately. It is further stated that the petitioners have no locus standi to file the present petition on the basis of the alleged Will dated 20.01.1999 and that the petitioners were not having any title to claim the probate of the Will dated 20.01.1999 in any manner as per the Will of the deceased. It is stated that as per para­6, the above said Will dated 20.01.1999, the petitioners were not entitled for any relief from this court and from the bare reading of the said para, it was crystal clear that first of all the deceased Smt. Shanti Devi have bequeathed that after her death, the plot bearing no. D­4 and D­5, Vishwash Park, Uttam Nagar, New Delhi shall go and devolve upon her husband Sh. Chheda Lal Sharma and she has also expressed her will that in case her husband died before her death, only then the said property would go and devolve upon the petitioners in the manner prescribed in para­7 of the Will. It is further stated that Smt. Shanti Devi Sharma had died on 13.3.2002 and only then her husband Sh. ChhedaLal Sharma died on 02.06.2002 after three months of the death of Smt. Shanti Devi and as such as per para­6 of the Will dated 20.01.1999, the said property bearing no. D­5 and D­4 had gone and devolved upon late Sh. Chheda Lal, who became the absolute and exclusive owner of the said properties after the death of Smt. Shanti Devi. It is also stated that the said Sh. Chheda Lal Sharma had died intestate as such all the legal heirs including the petitioners and the respondent no.2 to 5 are entitled for 1/6th share in the said properties. All other averments made in the petition have also been denied on behalf of the respondent no.3 and it has been prayed that the present petition filed on behalf of the petitioners may be dismissed with cost.

RW­2 Sh. Anshulmali Sharma has filed his evidence by way of affidavit (Ex. RW­2/A), wherein it has been stated that he was respondent no.3 in the present case and was the son of Sh. Chheda Lal Sharma, who died intestate on 02.06.2002. RW­2 further deposed that Smt. Shanti Devi Sharma was his mother and she was the rightful and actual owner of the property bearing no. D­4 and D­5, Vishwas Park, Uttam Nagar, New Delhi and she died on 13.03.2002. RW­2 deposed that the petitioners have no locus standi to file the present petition and that the petitioners were not having any title to claim the probate of the Will dated 20.01.1999 in any manner as per Will of the deceased mother. RW­2 further deposed that from the bare reading of Para­6 & 7 of the Will, it was crystal clear that first of all the deceased Smt. Shanti Devi Sharma has bequeathed that after her death, the plot bearing no. D­4 and D­5, Vishwas Park, Uttam Nagar, New Delhi shall go and devolve to her husband Sh. Chheda Lal Sharma and she has also expressed her will that in case her husband died before her death only then the said property would go and devolve to the petitioners. RW­2 deposed that after death of Smt. Shanti Devi Sharma, who died on 13.03.2002, her husband became the rightful and actual owner of the above said properties as per alleged Will of Smt. Shanti Devi Sharma and Sh. Chheda Lal Sharma also died on 02.06.2002. RW­2 further deposed that his father Sh. Chheda Lal Sharma had died intestate and as such all the legal heirs including petitioners and respondent nos. 2 to 5 are entitled for 1/6 th share in the above said properties. RW­2 also deposed that the petitioners cannot claim any right or title by virtue of the said Will as the said Will has already become operative after death of testator and the said property has devolved and gone to Late Sh. Chheda Lal Sharma, who died intestate and as such the petitioners have no title or legal right to seek Probate/Letter of Administration in respect of the said property in dispute by virtue of the above said Will.

On the other hand, it has been submitted on behalf of the respondents that the petitioners have no locus ­standi to file the present petition as the deceased testatrix vide her Will dated 20.1.1999 has bequeathed that after her death the properties in question i.e plot bearing no. D­4 and D­5 Vishwas Park, Uttam Nagar, New Delhi shall go and devolve upon her husband Sh.Chheda Lal Sharma and she has also expressed her Will that in case her husband died before her death, only then the said properties would go and devolve upon the petitioners in the manner prescribed in the said Will. It is further submitted that testatrix Smt. Shanti Devi Sharma had died on 13.3.2002 and her husband Sh. Chheda Lal Sharma died after her death in June, 2002 and as such after the death of testatrix, the above said properties have devolved upon Sh. Chheda Lal Sharma as per the contents of the Will and therefore the said Sh.Chheda Lal Sharma became the absolute and exclusive owner of the above mentioned properties after the death of testatrix Smt. Shanti Devi Sharma. It is also submitted that said Sh. Chheda Lal Sharma had died intestate and as such all the legal heirs including the petitioners and respondent nos. 2 to 5 are entitled to 1/6th share in the said properties and therefore the petitioners are not entitled to the grant of probate/letter of administration as prayed for in this petition.

In view of the above, it is evident that by her aforesaid Will dated 20.1.1999, testatrix Smt. Shanti Devi Sharma has bequeathed that after her death, the properties mentioned therein shall devolve upon her husband Sh. Chheda Lal Sharma and in case said Sh. Chheda Lal Sharma predeceased her , the said properties shall devolve upon her sons namely Sh. Sharat Chandra Sharma and Sh. Kumud Kumar Sharma ( petitioners herein).

In the present case, the contents of the above­said Will dated 20.1.1999 (Ex. PW­1/A) are required to be interpreted and the concept of interpretation of Will/document has been dealt with by the Hon'ble Supreme Court of India in the case cited as 2013 (1) CLJ 703 SC.