Mr.Sharat Chandra Sharma & Anr. vs Smt. Kusum Sharma & Anr.
2014 Latest Caselaw 1066 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  FAO No. 58/2014 & CM No.3829/2014

%                                          26th February, 2014

MR.SHARAT CHANDRA SHARMA & ANR.           ......Appellants
                Through: Mr. Manoj Singh, Adv.


                          VERSUS

SMT. KUSUM SHARMA & ANR.                               ...... Respondents.
                Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

CM No.3828/2014 (Exemption)
1.    Exemption allowed subject to just exceptions.
      CM stands disposed of.
FAO 58/2014& CM No.3829/2014(stay)
2.    Appellants, two sons, were the petitioners who had sought probate in

the court below on the basis of the Will of their mother Smt. Shanti Devi

Sharma dated 20.1.1999 by claiming that the Will bequeathed the property

D4&5, Vishwas Park, Uttam Nagar, Delhi in their favour.




FAO 58/2014                                                              Page 1 of 3
 3.    Admittedly, as per this Will the suit property was to devolve upon the

husband of Smt. Shanti Devi and father of the petitioners namely Sh.

Chheda Lal Sharma, and petitioners were to get rights only if the husband

Sh. Chheda Lal Sharma died before the testatrix Smt. Shanti Devi Sharma.

It was not disputed before the court below and even before me that Sh.

Chheda Lal Sharma/husband died after the death of Smt. Shanti Devi

Sharma. Therefore, as in terms of the Will of Smt. Shanti Devi Sharma her

husband Sh. Chheda Lal Sharma, father of the petitioners, became the owner

of the suit property. The father Sh. Chheda Lal Sharma thereafter died

intestate and therefore all the legal heirs of Sh. Chheda Lal Sharma including

the petitioners would become co-owners of the suit property. Petitioners

therefore derived no rights as per the Will of the mother dated 20.1.1999.


4.    I cannot agree with the argument urged on behalf of the

appellants/petitioners that the petitioners are entitled to a probate of the Will

dated 20.1.1999 of Smt. Shanti Devi Sharma, inasmuch as, a normal reading

of the Will shows that the petitioners were to only get interest in the property

bearing no.D-4 and D-5, Vishwas Park, Uttam Nagar, New Delhi if Sh.

Chheda Lal Sharma died before Smt. Shanti Devi Sharma, and which has

not happened. The subject Will dated 20.1.1999 therefore has worked itself

FAO 58/2014                                                                   Page 2 of 3
 out giving ownership rights in the property to the husband Sh. Chheda Lal

and therefore petitioners cannot claim any rights on the basis of the subject

Will dated 20.1.1999 and consequently are not entitled for probate of the

same.


5.      In view of the above, there is no merit in the appeal, and the same is

therefore dismissed, leaving the parties to bear their own costs.




FEBRUARY 26, 2014                             VALMIKI J. MEHTA, J.

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