SITA KASHYAP THRU LRS Vs. HARBANS KASHYAP

JUDGEMENT

(1.) This application is filed by Ms. Benu Puri seeking her substitution in place of the deceased plaintiff No. 1 Sita Kashyap by virtue of registered will dated 14.06.2004 in her favour. On 29.01.2010, the following issues were framed:

(2.) Subsequently, vide order dated 02.06.2012, the issues were recast as under:

(3.) The suit was initially filed by the two sisters namely Sita Kashyap and Leela Puri against their brother Harbans Kashyap and the LRs of their deceased brother Jagdish Chander Kashyap. The preliminary decree of partition of property No. 5A, Guru Gobind Singh Marg, New Rohtak Road, Karol Bagh, New Delhi was passed by this court on 10.05.2007, holding each party having one-fourth undivided share in this property. Subsequently, a final decree of partition was passed on 19.11.2007, whereby the said property was directed to be sold by public auction, and the parties entitled to bid therein to the exclusion of their shares. After the final decree, Sita Kashyap died and the applicant Benu Puri, who is the daughter of Leela Kashyap has sought substitution in her place on the basis of a Will dated 14.06.2004. The said Will is disputed by the defendants. The applicant Benu Puri has examined herself as PW1 and witness Vaneeta Kapoor as PW2. Mr. Naveen Kumar Jaggi, who allegedly drafted the said Will is also examined as PW3. The defendant No. 1 Harbans Kashyap has examined himself as D1W1. No evidence has been led by the defendants No. 2 and 3 (LRs of deceased brother Jagdish Chander Kashyap).