The main legal point established in the judgment is the application of the Indian Succession Act, 1925, particularly Section 131, and the interpretation of the will in determining the nature of the bequest.

G.S. Patel, J.

1. This is a Suit for partition. The Plaintiff is the sister of the 1st Defendant and the 2nd Defendant. Partition is sought Flat No. 74 in Ashoka Apartments, Rungta Lane, 68, Nepean Sea Road, Mumbai - 400 006, as also Garage No. 20. The flat, situated in a up- market residential locality, is about 1,380 square feet.

2. The principal dispute relates to the interpretation of two clauses of the Will of one Rochiram P. Asrani, the father of the Plaintiff and Defendants Nos. 1 and 2. Briefly stated, the Plaintiff's case is that the flat in question was given absolutely to the Plaintiff and her two siblings, Defendants Nos. 1 and 2 in distinctly specified proportions: the 1st Defendant was to get a 40% undivided share, right, title and interest in the flat and the Plaintiff and the 2nd Plaintiff were to get a 30% share each. The case of the 1st Defendant is that this is not an absolute bequest and that the two sisters, i.e., the Plaintiff and the 2nd Defendant, obtained only a life interest.

3. It would be appropriate to first set out the relevant clauses of the Will, annexed as Exhibit "C" to the plaint. Clause 4 of the Will reads thus:

"4. I own Flat No. 74 on 7th floor where I reside and Garage No. 20 in the said Ashoka Apartments as Member of the Ashoka Apartments Co-operative Housing Society Ltd., Rungta Lane, 68, Nepean Sea Road, Mumbai - 400 006, since inception. I bequeath all my Rights, Title and Interest in my said Flat and my said Garage to my said son and to my two Daughters in the following Proportionate share for each as percentage stated hereinbelow:

1) ASHOK R. ASRANI - 40%

2) SONIA R. ASRANI (Maiden Name) - 30%

alias SONIA RAMAN SABHARWAL (Married Name)

3) RENU R. ASRANI (Maiden Name) - 30%

alias RENU JASBIR OBHAN (Married name)"

4. Clauses 8 and 11 are also material and they read as follows:

"8. My movable properties mainly consist of Equity Shares in Limited Companies, Fixed Deposits in Banks, in Bank Balances and inter-alia in Cash. Subject to the provisions of Clause-3 above, I bequeath the rest of my movable properties to my son ASHOK R. ASRANI. It is possible that I may acquire in future any property which may accrue in future to me or may be left out, the same shall also go to my said Son.

In the event any of my said Daughters name hereinabove in Clause-4, pre or post deceasing me or expires, then in that event her or their share in my properties shall devolve on my said Son ASHOK R. ASRANI.

11. In some of my Shares of Limited Companies and Bank Accounts, my late wife JYOTI R. ASRANI is Joint Holder. My Executrix and/or my Executor shall obtain Probate from the Court of Competent Jurisdiction as the Legal Representatives of my WILL, and get those Shares and Bank Accounts inter-alia transmitted to my son ASHOK R. ASRANI.

If required, my Executrix and /or Executor shall obtain Probate as Legal Representatives, and shall amicably settle all the outstanding matters inter-alia including those stated in Clauses 4, 5, 6 hereinabove, with my said Society and get my said properties transferred to my Son and Daughters named hereinabove, by defraying the required amounts from my movable properties.

For obtaining the Probate, and for other legal matters, my Executrix and/or my Executor will engage my Advocate Mr. Sameer R. Bhalekar or any other competent Advocate and to make payments from my movable properties.

The beneficiaries under this WILL shall have the liberty to make adjustments amicably in respect of their Benefits given to them, whenever they require. (Emphasis supplied)

5. I have heard Mr. Godbole, learned Advocate for the Plaintiff and Ms. Merchant, learned Advocate for the 1st Defendant, at some length and on different occasions.

6. Ms. Merchant's submission is that the words in the second paragraph of Clause 8 are such as would limit the grant of bequest made under Clause 4. Specifically, she says that the words "in the event of my said daughters named hereinabove in Clause 4, pre or post deceasing me