ANIL BHASIN Vs. VIJAY KUMAR BHASIN

JUDGEMENT

(1.) THIS judgment will dispose of the issues framed on 27. 2. 2008 so far as they concern the properties mentioned in the Will of the testatrix " Late smt. Raj Rani Bhasin.

(2.) THE facts necessary for deciding this case are that Shri Rajender Kumar bhasin, the father of the plaintiff and the defendants, executed a registered will dated 25. 1. 1980. In its terms, all his movable and immovable properties were bequeathed to his wife " Smt. Raj Rani Bhasin. Shri Rajinder Kumar Bhasin died on 18. 9. 1982. In terms of his Will, his wife " Smt. Raj Rani Bhasin became the absolute owner of all the movable and immovable properties. She expired on 3. 10. 1998.

(3.) THE plaintiff claims a preliminary decree for partition of various properties mentioned in paragraph 4 of the plaint. These concern four items of immovable properties and other movable properties/assets. It is further averred that despite various attempts by the plaintiff with the defendants, the latter failed to partition or render an account or give his due share. The plaint averments further advert to a Will dated 9. 8. 1989 propounded by defendants No. 4 and 5, the daughters of late Smt. Raj Rani Bhasin. The plaintiff disputed the veracity and genuineness of the Will and further alleged that it was executed under misrepresentation.