SUNIL ANAND Vs. RAJIV ANAND

JUDGEMENT

(1.) LATE Kishen Chand Anand was blessed with 3 sons and a daughter named Prem Dutt Anand, Tilak Raj Anand and Mohan Dutt Anand (sons)and Raj Suri (daughter ). He was the owner of property bearing Municipal no. 53-A, Ring Road, Lajpat Nagar-III, New Delhi. On 17. 7. 1972 he executed a will Ex. OW-1/1 bequeathing the house in its entirety to his wife Smt. Durga devi. The dispute pertains to a registered will dated 23. 8. 1973, Ex. PW-1/1, registered with the Sub-Registrar, Delhi vide registration No. 1167, additional Book No. 3, Vol. 46 at pages 64-68 on 27th August 1973 (presented for registration on 23rd August 1973) propounded by Tilak Raj Anand and prem Dutt Anand which reads as under :-WILL this last will and TESTAMENT is made at Delhi on this 23rd day of august, 1973 by me Shri Kishen Chand Anand S/o Shri Mahesh Das resident of 53, Ring Road, Lajpat Nagar-III, New Delhi-24 being in full possession of my understanding and physical health without any duress or fear from any quarter. Whereas I am owner of House bearing No. 53 (A), Ring Road, Lajpat nagar-III, New Delhi-24 by virtue of partition deed dated 20. 6. 1970 and registered in the office of Sub-Registrar III at No. 3892, Addition Book no. 1 Volume 2434 pages 43 to 49 on 22. 6. 1970 and executed between the testator and Shri Boota Ram Suri, son of Shri Aya Ram Suri who jointly with me purchased the entire plot No. 53 on leasehold basis from the President of India and lease and convention deed registered at No. 136, Supplementary Book No. 1, Volume 27, pages 111 to 114 on 9. 6. 1959 in the office of Sub-Registrar-III, New Delhi. The site was purchased and the building thereon was constructed with my own personal savings and as such I am full owner of the house and the land underneath without any restriction by any law or customs and have full power of disposal. I have two sons alive namely Prem Dutt Anand and Tilak Raj Anand and my third son Shri Mohan Dutt Anand who was in the army and lost his life in war leaving behind 2 minor children and wife who has since re-married. I have also one daughter Dr. (Mrs.) Raj Suri who is married. My wife Smt. Durga Devi is also alive. I have given full consideration to the claims of my abovesaid heirs. My daughter and the heirs of my late son Lt. Col. M. D. Anand are very well provided for. Further more I have full confidence that my wife smt. Durga Devi will be as much as very well looked after and taken care of after me by my sons as she has been looked after uptil now and I, therefore, do not find it relevant to provide for her separately. I, therefore, bequeath to my eldest son Shri PREM DUTT ANAND the entire ground floor portion of my house No. 53 (A), Ring Road, Lajpat Nagar-III, new Delhi-24 who after my death will become owner like myself. I further bequeath the first and the second floors of the said house to my second son Shri TILAK RAJ ANAND who after my death will become exclusive owner of that portion like myself. The building on the first and second floor is unerected at present. It will, however, be in the absolute ownership of my son TILAK RAJ ANAND as and when the portions on these floors are constructed either by me or by my son Tilak Raj Anand, himself. If, however, God forbid either both of my sons pre-deceased me, the heirs of my each son will represent and inherit the property of their respective predessors-in-interest. Shri Tiiak Raj Anand will also inherit all movable property whatever and wherever, which may be found as belonging to me after my death. I had made a will dated 17th July, 1972 and registered at No. 892, additional Bookno. 3-Vol. 46 pages 194 on 19. 7. 1972 I hereby revoke the abovesaid will which will become inoperative and ineffective hereafter. I further make it clear that my two sons SHRI PREM DUTT ANAND and TILAK RAJ ANAND will become my heirs in the manner mentioned above to the exclusion of all others and they will be the sole executors of this will. In witness whereof, I, the said Kishen Chand Anand have hereto signed at Delhi, this 23rd day of August, 1973. Sd/- (KISHEN CHAND ANAND)TESTATOR signed by the said Kishen Chand Anand in the presence of us, present at the same time, who in his presence and in the presence of each other, sign the witnesses hereto. Witnesses : 1. Sd/- ( J. P. Gupta ).

(2.) SD/- ( Kanwar Bhan ). 6 2. Kishen Chand Anand died on 27. 10. 1987. His wife Durga Devi died soon thereafter on 8. 4. 1988.

(3.) APPELLANTS who are the children of late Lt. Col. Mohan Dutt Anand challenged the aforesaid will alleging three distinct independent grounds of challenge. It was firstly urged that the will does not bear the signatures of their grandfather i. e. is a forged document. Secondly, if signatures on the will are those of their grandfather the same were obtained on blank papers and have been misused to create the will. Lastly, the execution of the will was surrounded with suspicion. The suspicion cast on the will was pleaded on 4 circumstances; namely (i) there was no change of circumstance nor was there any reason for the deceased to change the bequest reflected in the will dated 17. 7. 1972 when the instant will was purportedly executed on 23. 8. 1973; (ii) whereas the first will made a bequest in favour of the wife it was unnatural to deprive the wife of any share in the estate of the deceased when the second will was purportedly executed, (iii) the attesting witnesses to the will in question are interested witnesses because J. P. Gupta was a colleague of Tilak Raj Anand, a beneficiary under the will and Shri Kanwar bhan was the Personal Assistant of Shri Tilak Raj Anand; (iv) that the will sought to be probated cannot supersede a previous will executed by the deceased in the year 1972 in which, recognizing that their father had contributed to the construction of the building, 1/3rd right in the building was bequeathed to their father.