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According to the same after demise of Sh. Sant Ram Sachdev, the property shall devolve upon his son Raj Kumar and daughter-in-law Suman Lata.

38. In the present case, son of testator namely Sh. Raj Kumar Sachdev expired on 24.05.1993 leaving behind the respondent Smt. Suman Lata and two sons namely Amit Kumar (appellant herein) and Sh. Krishan Kumar. If property is bequeathed to two persons, would this mean on the demise of one person the other person shall become the absolute owner of the property. With respect the answer is 'No'.

39. Had the recital of the Will were, in case son of the testator pre deceased his daughter in law Suman Lata, the respondent herein, she shall become absolute owner of the suit property then thing would have been different, but it is not the case here.

40. If a person dies, the right of succession opens and his right shall be devolved upon his legal heirs in accordance with the same. In the present case Sh. Raj Kumar father of appellant and husband of respondent died on 24.05.1993 and the rights of Sh. Raj Kumar in case of his dying intestate would devolve upon his legal heirs by way of succession who here in the present case are appellant no.1, respondent and Sh. Krishan Kumar. Respondent in any circumstances, cannot be said to be the absolute owner of the suit property and if, she is not the absolute owner of the suit property then she has no right to file the suit for possession against the appellants qua the suit property. For the same, respondent has first to get her share determined, which is devolved upon her by way of succession on account of death of her husband and father of the appellant i.e. Sh. Raj Kumar by filing a suit for partition and thereafter, suit for possession could be maintained to that extent of the portion which falls to the respondent and not in any circumstances to the whole of the suit property.

8. In my opinion, the issue with regard to the interpretation of the Will in question is in fact squarely covered by the judgment of the Supreme Court in the case of Sadaram Suryanarayana and Another Vs. Kalla Surya Kantham and Another (2010) 13 SCC 147 wherein the Supreme Court in similar factual situation has held that there is no inconsistency or repugnancy because in case the person to whom property is absolutely bequeathed in the first instance does not dispose of the same in his lifetime, then, whatever is available at the time of death of the first beneficiary will devolve upon the remainder man. The relevant paras of the judgment of the Supreme Court in the case of Sadaram Suryanarayana and Another (supra) are paras 8 to 10, 15, 19 and 22 to 26 and which paras read as under:-

"8. The English rendition of Clause 6 of the Will executed by Smt. Kalla Jaggayyamma is as under:

"(6) 2nd item tiled house situated in New colony out of which Eastern wing 2 rooms shall devolves to my 2nd daughter Chandaram Appalanarasamma and the Western wing rooms shall devolve upon my elder daughter Chandram Ramanamma with absolute rights of Sale, Gift, Mortgage etc., and this will come into force after my demise. After demise of my daughters the retained and remaining property shall devolve upon their female children only."