NIRANJAN SWARUP GUPTA Vs. BIMLA DEVI

JUDGEMENT

(1.) The present suit has been filed by the brothers of Late Shanti Swaroop Gupta who was the owner of the suit property bearing No.53, Vaishali, Pitampura, New Delhi. Wife and the daughter of Late Shanti Swarup Gupta pre-deceased him. According to the defendants, the deceased left a Will in the name of his son-in-law who has also since passed away. Based on the Will whereby the properties of Late Shanti Swarup Gupta were bequeathed on his son-in-law who was the brother of the defendant Nos. 1 to 3, defendant Nos. 1 to 3 claimed ownership in the suit property and on the said basis, have conveyed the rights in the suit property to the defendant No. 4, who has, in turn, conveyed it to defendant No. 5 and has further conveyed to the third parties.

(2.) The plaintiffs are the four brothers of Late Shanti Swarup Gupta and claim rights in the suit property by virtue of being Class-II legal heirs. The present suit has been filed by the four brothers through Ankur Gupta, son of plaintiff No. 4 as the power of attorney holder who claimed to have filed power of attorney on behalf of the plaintiff Nos. 1 to 4. However, the power of attorneys were not filed with the plaint but filed subsequently.

(3.) A probate petition was filed by the son-in-law of Late Shanti Swarup Gupta i.e. Anand Parkash Verma which was granted in his favour vide order dated 7th August, 2014. The plaintiffs by the present suit seek a declaration of the impugned registered Will dated 7th September, 2010 as null and void, void-ab-initio and illegal, decree of possession of the suit property, decree of permanent injunction against the defendants from creating any third party rights and direction to the office of Sub-Registrar not to register any sale till the disposal of the suit.