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1984 Supreme(Del) 155

M.L.JAIN
SATISH CHAND GUPTA – Appellant
Versus
SARVESH CHAND GUPTA – Respondent


Advocates Appeared:
I.S.MATHUR, K.N.Kataria, USHA KUMARI

M. L. Jain

( 1 ) IN order to understand the controversy let me give the pedigree of the parties :

( 2 ) LALA Bengali Mal had vast properties. He disrupted his joint Hindu family in 1935 and the same year converted his firm Lachman Das Ram Chand into a company and registered it under the Companies Act. Coparceners became shareholders. Bengali Mal died on 24-7-37. The company was thereafter dissolved and the assets were partitioned among the shareholders under an instrument of partition executed on 28-11-1941. In accordance with this deed, life estate was conferred on Vidyawati widow of Bengali Mal in certain properties and it was provided that on her death l/3rd on Gian Wati and her sons and l/3rd on Kamla Rani and her sons. It is significant that sons of Bengali Mal have been deprived of their share in the property of Vidyawati and the same had been settled on their wives and sons. After the coming into force of the Hindu Succession Act, 1956 Mst. Vidyawati became full owner of the property and in virtue of the newly acquired right, she made a will on 18th December, 1959 and got it registered. Accordingly to this will, the property was devised into certain shares in favour of the fam















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