SUSHILA RANI Vs. DHAN KISHORE

JUDGEMENT

(1.) THE abovementioned two appeals have been filed by the appellants under Sections 299 and 384 of the Indian Succession Act, 1925 assailing the orders dated 28th August 2012 passed by learned Addl. District Judge (Central), Tis Hazari, Delhi, whereby the probate petitions were dismissed as withdrawn in terms of the settlement between the parties. Though the impugned orders are compromise decrees, it is alleged that the same have been passed without making the appellants as parties to the said compromise, thereby resulting in grave prejudice to the rights of the appellants.

(2.) THE factual matrix of the case is that the appellants as well as the respondents No.1 to 3 are the legal heirs of Late Sh.Kani Ram being his children from first wife Late Smt.Kiran Devi. After the death of Smt.Kiran Devi, Sh.Kani Ram started living with respondent No.4 and from that alliance he has three children, i.e., respondents No.5, 6 and 7. It is stated that during the life time, the deceased parents of the appellants and respondents No.1 to 3 purchased a property bearing No.WB-94, Ganesh Nagar, Shakarpur, Delhi-110092 jointly. Apart from 1/2 share in the said property, the father of the appellants, i.e. Late Sh.Kani Ram, during his lifetime, had also acquired some immovable and movable properties.

(3.) IN the probate petitions, the respondent No.3 averred that that their mother Smt.Kiran bequeathed her undivided 1/2 share in the immovable property No.WB-94 Ganesh Nagar, Shakar Pur, Delhi-110092 in favour of her three sons, i.e. respondents No.1 to 3 in equal shares, i.e. 1/3rd each by virtue of her last and final Will dated 26th March, 1990. It was further averred that Sh.Kani Ram, their father vide his Will dated 25th January, 2011 had bequeathed his properties among his five sons i.e. respondents No.1 to 3, 5 and 6 entailing the division of his properties amongst the five sons.