GITA ABHAYANKAR Vs. VIKRAM ABHYANKAR

JUDGEMENT

(1.) THIS is an application by defendant No. 2 seeking amendment of the written statement. By way of proposed amendments, defendant No. 2 wants to add the following paras after para 2, under the heading 'Submissions of Defendant No.2.'

(2.) PROPERTY No. 1/31, Shanti Niketan, New Delhi was admittedly owned by late Shri Kewal Singh, father of the plaintiff and maternal grandfather of defendants No. 1 and 2, who are the children of the plaintiff. The case of the plaintiff, as set out in the plaint, is that under a family settlement dated 30th July, 1969, half of this property came to the share of the plaintiff, whereas the remaining half came to her mother Shamie Singh. Defendant No. 2 is supporting the case set out by the plaintiff in this regard. The case of defendant No. 1, however, is that vide a Will executed on 25th September, 2003, the whole of this property was bequeathed by Mrs Shamie Singh, exclusively to him. The Will dated 25th September, 2003 is a registered a Will.

(3.) VIDE proposed amendment, defendant No. 2 wants to plead various ground on which she is disputing the Will set up by defendant No. 1.