MEERA SHAMSHER SINGH Vs. SUDHIR SIVASHANKER

JUDGEMENT

(1.) THIS suit itself has been taken up for final disposal.

(2.) BRIEFLY stated the facts of the case are as follow:-The plaintiff and the defendant are real sister and brother. The dispute between them is to the succession to property bearing No. 80, Paschimi Marg, vasant Vihar, New Delhi which admittedly belonged to late Shri T. Sivashanker, being the step father of the parties to this suit. Late Shri T. Sivashanker was a retired Civil Servant (ICS) and held important positions both pre and post retirement prior to his death on 17. 07. 1996. Smt. Shanti T. Sivashanker was the mother of the parties to this suit. She after death of her first husband had married Sh. T. Sivashanker but there was no child born to them from the said marriage. Late T. Sivashanker made three Wills during his lifetime on 05. 09. 1981, 15. 02. 1989 and on 04. 10. 1993. The testator Shri T. Sivashanker rescinded his earlier two Wills dated 05. 09. 1981 and 15. 02. 1989 while executing the third Will on 04. 10. 1993. The later Will dated 04. 10. 1993 duly got registered with the office of Sub Registrar, Delhi. By this Will, he bequeathed all his movable and immovable assets including the property bearing No. 80, paschimi Marg, Vasant Vihar, New Delhi in favour of his widow Smt. Shanti T. Sivashanker. He also provided for a contingency in his later Will of 04-10-93 that in case he and his wife Smt. Shanti T. Sivashanker die simultaneously then all his estate should devolve to Sudhir Sivashanker, son of Smt. Shanti T. Sivashanker from her first husband.

(3.) SMT. Shanti Sivashanker also executed a Will simultaneously on the same day her husband T. Sivashanker had executed his later Will dated 04. 10. 1993 and she by her said Will bequeathed all her movable and immovable assets which she may own at the time of her demise in favour of her husband late Shri T. Sivashanker. The testatrix Smt. Shanti Sivashanker also made a provision in her said Will of 04. 10. 1993 that in case she and her husband T. Sivashanker die simultaneously or about the same time then her entire estate should devolve upon her son Sudhir Sivashanker (defendant ). Smt. Shanti Sivashanker also provided in her Will dated 04. 10. 1993 independently that her entire movable and immovable estates should go to her son being the defendant herein in case the events as mentioned in paras II and III of her said Will do not occur. Smt. Shanti sivashanker expired on 29. 02. 2000. It shall be significant to mention here that the parties to the present suit were litigating against each other regarding their alleged right in the property bearing No. 80, Paschimi Marg, vasant Vihar, New Delhi even during the life time of late Smt. Shanti sivashanker. The plaintiff herein being the daughter of Smt. Shanti Sivashanker from her first husband had filed two civil suits, one for permanent injunction and the second for declaration and other related reliefs being suit No. 431/1998 and suit No. 345/1999 during the life time of her mother late Smt. Shanti sivashanker. In the first suit filed by her for permanent injunction, she had prayed for an injunction order against the defendant to restrain him from alienating the suit property in favour of any third party, relying upon the Will dated 15. 02. 1989 of late T. Sivashanker. The said first suit was dismissed by the court of Shri R. K. Sharma, Civil Judge, Delhi vide detailed judgment dated 06. 03. 2000 running into 25 pages. Paras 20 and 21 of the said judgment dated 06. 03. 2000 are extracted below :