Mr. Ravi Gupta, Sr. Adv. with Mr. Naresh Gupta, Mr. Rachit G., Ms. Muskaan v. RAJINDER SINGH DESWAL

Judgment

1. By way of the present Appeal filed under Section 96 of the Code of Civil Procedure, 1908 read with Section 10 of the Delhi High Court Act, 1966, the Appellants1 are assailing the judgment and decree dated 26.09.2022 passed by the learned Single Judge in CS(O.S.) No. 2664/2014 titled as Shakuntla & Anr v. Rajinder Singh Deswal2. The sole issue for consideration before this Court is with respect to the interpretation of the various clauses of the registered 1 Plaintiffs before the learned Single Judge 2 Hereinafter referred to as „the Civil Suit‟ Signature Not Verified Signed By:JAI NARAYAN Signing Date:20.08.2025 11:38:18 RFA(OS) 24/2022

Will executed on 24.02.1993 by late Mr. Mam Chand Deswal3. The execution of the registered Will by the Testator is not in dispute, which reads as under: “This is the Last Will and Testament made at Delhi this 24th day of Feb. 1993 by me-Mam Chand Deswal Son of Late Shri Hira Lal Deswal aged about (not legible) resident of House No. 8, North West Avenue Road, Punjabi Bagh Extension, New Delhi-110025 while being in possession of full senses, good health and sound disposing mind.

1. Whereas, I, the Testator, above named MAM CHAND DESWAL hereby revoked my previous will registered at S. no. 15291 in Additional Book No. 3 Vol. No. 893 Pages 166-168 dated 10/10/90 in the office of Sub Registrar, Kashmeri-Gate Delhi and execute this LAST & FINAL WILL of mine without any duress, pressure, threat, coercions or temptation.

2. Life is short and uncertain but to obviate any dispute between my surviving heirs it is expedient that I should make the will of my Estate.

3. I have got my living wife Mrs. NANKI DEVI, one married son, named Shri Rajinder Singh Deswal, two married daughters namely Mrs. Shakuntla W/o Shri Bhupender Pal and Mrs. Krishna Prakash w/o Shri Brahm Prakash.

4. I, therefore of my own free-will and desire, declare, devise and bequeath that during my life time I shall continue to remain absolute owner in possession of all my estate, moveable and immoveable properties which at present I possess and which I will acquire till my death and after my death the same will be inherited by my wife, Mrs. Nanki Devi and will stand absolute and exclusive properties of my wife.

5. I have bank accounts (saving and fixed deposits), joint accounts with my wife Mrs. Nanki Devi in Punjab National Bank, State Bank of India, and Union Bank of India, Punjabi bagh, New Delhi-110026. I have got a locker in my and my wife‟s name in Union Bank of India, Punjabi Bagh, New Delhi-110026 and some important documents are lying in the lockers. After my death the same will become the property of my wife Mrs. Nanki Devi only and none of my either legal heirs shall have any right and interest with it. 3 Hereinafter referred to as „Testator‟ Signature Not Verified Signed By:JAI NARAYAN Signing Date:20.08.2025 11:38:18 RFA(OS) 24/2022

6. I own one double storey House No. 8, North West Avenue Road, Punjabi Bagh Extension, New Delhi-110026 on a plot of 300 Sq. yards which was constructed from my own earning of my life time. One storey of this house has been given on rent from which my monthly expenses are met as my pension is insufficient to meet the expenses. The month expenses of the house also includes, yearly House Tax, white washing and maintenance of the building etc. etc.

7. After the death of wife Mrs. Nanki Devi, my son named Rajinder Singh Deswal will inherit all my estate and property moveable and immoveable.

8. Both of my daughters are well settled in their respective families and enjoying happy life. My elder daughter (Mrs. Shakuntla) has got one daughter named Pooja and one Son Parshant Kumar. After my death a sum of Rs.21,000/- should be paid to my daughter Shakuntla for her daughter‟s marriage „Pooja‟ from my bank accounts.

9. My younger daughter Mrs. Krishna Prakash has also got two child, one daughter named Neha and one son named Poras. After my death a sum of Rs.21,000/- should be paid from my Bank accounts to Mrs. Krishna Prakash for her daughter‟s marriage (Neha).

10. I desire that after my death there will be no dispute amongst my heirs in respect of my moveable and immovable properties left by me at the time of my death and if any one will create dispute that will be untenable and not triable by any court.

11. The contents of my this LAST WILL have been typed by me and the same are correct and according to my desire and wife.

12. So long as I am alive I will be the owner in possession of my above said properties. IN WITNESS WHEREOF I, the above named Testator have set my hands to this LAST Will on the day, months and year first above written in presence of witnesses.”

2. In order to examine the issues involved in the present case, it is imperative to cull out the relevant facts in brief, which are set forth hereinafter.

3. On 20.08.1973, the Testator vide a perpetual sub-lease deed acquired the property bearing No. 8, Northwest Avenue Road, Punjabi Signature Not Verified Signed By:JAI NARAYAN Signing Date:20.08.2025 11:38:18 RFA(OS) 24/2022 Bagh Extension, New Delhi-110026, admeasuring 300 sq. yds.4 Pursuant to the acquisition, a house was constructed on the suit property by the Testator using his own funds. Thereafter, vide a registered Will dated 24.02.1993, the Testator bequeathed the suit property in favour of his wife, Mrs. Nanki Devi. The Testator passed away on 18.10.1993, leaving behind his widow, Mrs. Nanki Devi, and their children namely Mrs. Shakuntla5, Mrs. Krishna Prakash6, and Mr. Rajinder Singh Deswal7.

4. Mrs. Nanki Devi passed away on 20.08.2014. Prior to her demise, she executed a registered Will dated 26.08.2013, whereby she bequeathed equal shares in the suit property in favour of her three children. It is, however, clarified that the Will dated 26.08.2013 is not a subject matter of the dispute in the present case. The dispute at hand is an offshoot of a suit for partition filed by the two daughters of the Testator, which has been contested by the son, Mr. Rajinder Singh Deswal.

5. In pursuance thereof, the learned Single Judge, upon observing the validity and legality of the Will as not being contested by the parties, proceeded to hear the arguments on the merits of the case and ultimately dismissed the Civil Suit.

6. Learned senior counsel representing the parties have filed their respective written submissions and have relied upon judgments with the Appellants filing an additional submission thereof. The 4 Hereinafter referred to as „the suit property‟ 5 Plaintiff No. 1 before the learned Single Judge 6 Plaintiff No. 2 before the learned Single Judge 7 Defendant before the learned Single Judge Signature Not Verified Signed By:JAI NARAYAN Signing Date:20.08.2025 11:38:18 RFA(OS) 24/2022 contentions along with judgments relied upon by the parties are examined hereinafter.

7. Learned senior counsel representing the Appellants contended that Clause 4 of the Will uses the expressions “absolute and exclusive”, which unequivocally reflects the intention of the Testator to confer an absolute right of ownership upon Mrs. Nanki Devi, to the exclusion of all others. It is further contended that with respect to suit property no. 8, Northwest Avenue Road, Punjabi Bagh Extension, New Delhi-110026, the remaining clauses of the Will are redundant, and as such, the Respondent cannot derive any benefit from Clause 7, in view of the overriding effect of Clause 4. Additionally, it is also contended by the learned senior counsel that the learned Single Judge has failed to examine the effect of Section 14 of the Hindu Succession Act, 19568.

8. In order to substantiate his arguments qua the intention of the Testator, the learned senior Counsel representing the Appellants has relied upon Madhuri Ghosh & Anr. v. Debobrata Dutta & Anr.9; Vikrant Kapila & Ors. v. Pankaja Panda & Ors.10; Sadaram Suryanarayana & Anr. v. Kalla Surya Kantham & Anr.11; Mauleshwar Mani & Ors. v. Jagdish Prasad & Ors.12; Judge Pal Khera v. Chand Rani Khera13; Gopal Menon v. Sivaraman Nair14; Ram Kishore Lal & Anr. v. Kamal Narayan15; (Kunwar)