Azad Singh S/O Late Sh. H.S. Ram vs Krishna Devi W/O Late Sh. Jagdish ... on 28 February, 2023
It is also
argued that no one can transfer a better title then he himself has
and the executor of the Will not being the owner of the entire
house, could not have transferred it by means of Will except to
the extent of his own share (Ajay Kumar Jaiswal & Ors. Vs.
Sanjay Kumar Jaiswal & Ors., (Allahabad High Court, decided
on 25.07.2018). The case laws relied upon by the appellants are
based on different factual matrix and the lis in the present appeal
is completely different. The appellants questioning the ownership
of the executor of the Will Ex.PW1/1 is a far fetched argument
as the executor of the Will i.e. late sh. Sisram is also the father of
the appellant no.1 and admittedly the appellant no.1 and his
family have been residing in the suit property since long (even
prior to 1987) along with his siblings (husband of the respondent
no.1) and his late father Sh. Sisram.