each in the said
property. Vide Will dated 29.06.1988, Smt. Veera Malhotra bequeathed her half
share in the suit property to her husband Late Shri ... Malhotra. Vide Will dated
03.10.1993, she bequeathed her share in the said property to defendant No.1 and 3
CS(OS) 1371/2002 Page
these two attesting witnesses. By this Will, Late Kundan Singh
had bequeathed his entire property and interest in the
partnership business to his three nephews ... favour of their nephews. The Will is in English
and bequeaths the entire property of Late Kundan Singh to his
nephews. The wife
father vide registered gift deed dated 25.1.2001. Her father had
bequeathed to the testatrix i.e., Smt.Amarjeet Mamik the first floor, the
terrace thereon ... respondent No.3
had further alleged that the property alleged to have bequeathed in favour of
the petitioner is worth crores whereas respondent
husband of the Plaintiff had
executed a Will dated 22.08.1995 whereby he bequeathed various
properties owned by him at the time of his death including ... floor of property no. 13/27, West Patel Nagar,
New Delhi was bequeathed in favour of Defendant no. 2 and
thereafter, the Plaintiff was granted
this admission coupled with the fact that his father and mother bequeathed the property in his favor it was not necessary for him to implead ... property. Further of the parties vide his Will dated 24th March, 1963 bequeathed life interest in the property in question to his wife Smt Dhanno
September, 1981,
which was registered on the same date. The property was
bequeathed by the Testator in the following terms:-
"(1) On the ground ... into 7'-0". The same is bequeathed
to my son Shri Harish Chand Mathur. In
addition to the above one bedroom
measuring
lifetime Maharaj Kishan Chopra had executed a
will dated February 25, 1956 bequeathing the suit property to his wife
Har Kaur Chopra as a result ... lifetime, Har Kaur
Chopra had executed a will dated January 18, 1985 bequeathing the
suit property to Sham Lal Chopra as a result whereof
lessee.
4. In terms of the Will, the property in question was bequeathed to his wife Smt. Kaushalya Rani Khattar only for life and thereafter ... plaintiff no.1 and defendant no.1 specifying the portions bequeathed to them.
5. Since the controversy arises between the parties on the interpretation
According to the Will Shri Ram Nath Dewan, the testator, bequeaths the user, enjoyment and interest of his house on part plot ... aside the Will of 1942 and thus the rights under the Will bequeathing the remainder to the legal heirs of the testator are not touched
share, then by virtue of his Will he
could only bequeath his 1/5th share in the suit property, and Smt.
Sushila Rani Anand ... Late Shri Mohan
Lal Anand executed a valid, genuine and binding Will bequeathing
the suit properties legally in their favor
