MANJULA BHARGAVA Vs. BHARAT BHUSHAN BHARGAVA

JUDGEMENT

(1.) This judgment would dispose of L.P.A. Nos. 43 and 45 of 1980 arising out of judgment dated January 23, 1980 of Sultan Singh J. whereby Bharat Bhushan Bhargava was granted probate of Will made by Shri Ram Bhargava on May 18, 1976 and got registered on the same date.

(2.) Briefly, the facts are that Shri Ram Bhargava, advocate on the taxation side, had no issue of his own. He took in adoption Ashok Bhargava, son of his wife's sister but shortly after the ceremony, Ashok Bhargava went back to his natural parents and did not recognise his adoptive parents. He also brought into the house Manjula Bhargava (now Mrs. Manjula Pandit), shortly, Manjula, sister of Ashok Bhar- gava, gave her education and married her by treating her as his daughter. Smt. Sarla Bhargava, his wife, who pre-deceased him, made a registered Will on June 8, 1971 bequeathing all her properties to her husband except, of course, jewellery lying in safe deposit Vault of Punjab National Bank to Manjula.

(3.) On May 18, 1976, Shri Ram Bhargava himself made a. Will, certified copy whereof is Ex. P1 and photostat copy is marked Z(hereinafter referred to as the 1976 Will for convenience) in respect of his movable and immovable properties. Fixed deposits with Banks held by him jointly with. Manjula as well as those held in the name of Manjula and Padmini Premier Car bearing registration No. DHJ 31 besides other movable properties were bequeathed to Manjula while House No. 174, Jor Bagh, New Delhi, Ambassador Car bearing registration No. DLH 1744, cash balances in bank accounts and Fixed deposits in the name of Shri Ram Bhargava or in his name: and that of his wife were bequeathed to Bhargava Sabha (registered) while business in the name "Taxation" was bequeathed to Sarla Bhargava.Memorial Trust which had been founded by him. In regard to this Trust Bharat Bhushan Bhargava, Hari Krishan Bhargava and O. C. Tandon were declared to be the trustees. This bequest was, however. made subject to the payment of 50 per cent of the net income or Rs. 6,000 per month, whichever was less, to Manjula for her life and 20 per cent or the net income or Rs. 500, whichever was less, to Ashok Bhargava. for the next 5 years reckoned from date of death. Bharat Bhushan Bhargava was appointed the executor and in the event of' his refusal to act as such, Hari Krishan Bhargava was to act as executer. In the event of both these persons refusing to act. Secretary of Bhargava Sabha was appointed the executor.