RAJESH KHANNA Vs. ASHA MEHRA

JUDGEMENT

(1.) The present appeal arises out of the judgment and decree dated 5th October, 2002 passed by the learned Additional District Judge, Delhi, in Suit No. 537/2001, whereby the suit filed by the plaintiff (the appellant herein) was dismissed.

(2.) The facts leading to the filing of the appeal are: -

(3.) The plaintiff's case as set out in the plaint is that according to the provisions of Section 113 of the Indian Succession Act, 1925, a Will in favour of a person who does not exist on the date of death of the Testator, is void. The legatee, Sh. Ram Prasad Khanna having pre-deceased Smt. Maharani Devi (the testatrix), in whose favour she had executed the subsequent Will dated 5th March, 1972, the said Will was rendered void to the extent she bequeathed her property in favour of Sh. Ram Prasad Khanna. It is further averred in the plaint that the said Will having been rendered void, all the legal heirs of Smt. Maharani Devi are entitled to inherit their legitimate shares in the property of Smt. Maharani Devi. Thus, Smt. Asha Mehra is entitled to half share in the property and Sh. Rajesh Khanna and Smt. Priti Wahi (the legal heirs of Sh. Ram Prasad Khanna), are entitled to 1/4th share each. Accordingly, the plaintiffs claimed to be entitled to a decree of partition in respect of the property bearing no. A-4/24, Krishna Nagar, Delhi-110 051 in their favour to the extent of 1/4th share each.