RAGNI CHOPRA Vs. RAJESH

JUDGEMENT

(1.) The plaintiff before this Court is the sister of defendant No. 1 Rajesh Malhotra and defendant No. 2 Rakesh Malhotra. Defendant No. 3 is the wife and defendants 4 and 5 are the children of defendant No. 1. Property No. E-59, Vasant Marg, Vasant Vihar, New Delhi, was owned by late Shri R.M. Malhotra and late Smt. Veera Malhotra, parents of plaintiff and defendants 1 and 2. Both of them held half undivided share each in the said property. Vide Will dated 29.06.1988, Smt. Veera Malhotra bequeathed her half share in the suit property to her husband Late Shri R.M. Malhotra. Vide Will dated 03.10.1993, she bequeathed her share in the said property to defendant No.1 and 3 to 5 in the ratio of 40:30:20:10 respectively. Vide Will dated 13.08.1995, she maintained the above-referred bequest as far as the suit property is concerned. The case of the plaintiff is that vide Will dated 14.05.2001, Smt Veera Malhotra, bequeathed her half share in the suit property to her. Since late Shri R.M. Malhotra, had bequeathed his share in the suit property to defendants 1 and 3 to 5 in the ratio of 40:30:20:10 respectively, the plaintiff claims half share in the said property by virtue of the Will purporting to be executed in her favour on 14.05.2001. In CS(OS) No. 1371/2002 filed by the plaintiff, defendant No. 1 propounded a Will dated 07.06.2002, alleged to have been executed by late Smt. Veera Malhotra to defendants 1 and 3 to 5 in the ratio of 40:30:20:10 respectively. The case of the plaintiff is that the Will propounded by defendant No. 1 is a forged and fabricated document executed under threat, pressure and coercion. The plaintiff also alleges that defendant No. 1, on the pretext of handling income-tax and other matters of his mother, had obtained her signature on blank papers which were used to type the Will dated 07.06.2002 after her death. Smt. Veera Malhotra expired on 16.08.2002. The Will dated 07.06.2002 was got registered by defendant No. 1 on 09.07.2003. The plaintiff is now seeking partition of the suit property along with the possession of the partitioned share.

(2.) In his written statement, defendant No. 1 has denied the execution, validity and genuineness of the Will dated 14.05.2001 set up by the plaintiff and has claimed the same to be unnatural and improbable. It is also alleged that the Will dated 14.05.2001 was got executed by the plaintiff by use of undue influence and coercion. It is also alleged in the written statement that on or around 14.05.2001, Smt. Veera Malhotra was suffering from cancer of lymph nodes and undergoing intensive infusional chemotherapy and, therefore, not in a position to execute the Will dated 14.05.2001. It is also alleged that Smt. Veera Malhotra had also executed a Relinquishment Deed dated 03.04.2001, whereby she relinquished her share in the suit property in favour of defendants 1 and 3 to 5 in the ratio of 40:30:20:10 respectively. It is also stated in the written statement that there was no logical or valid reason for Smt. Veera Malhotra to bequeath her entire estate to the plaintiff, thereby disinheriting defendant No. 1, who was the only child looking her after.

(3.) In his written statement, defendant No. 2 Rakesh Malhotra, has disputed the Wills set up by the plaintiff and defendant No. 1 and has alleged that these Wills were got executed by the plaintiff and defendant No. 1 by exercising undue influence and coercion. According to him, the suit property is equally owned by him, the plaintiff and defendant No. 1. It is also alleged that Smt. Veera Malhotra was an illiterate person and did not have any education though she had learnt to read and write Hindi. According to defendant No. 2, the ability of Smt. Veera Malhotra to read and write in English is extremely limited and she knew only to sign. Thus, according to this defendant, Smt. Veera Malhotra had died intestate.