1. This is a suit for declaration. The plaintiffs and defendants are brothers. Property No. B-4/196, Safdarjung Enclave, New Delhi was owned by late Smt. Shakuntala Devi Mathur, mother of the parties. She expired on 05th November, 1998, leaving a Will dated 17th September, 1981, which was registered on the same date. The property was bequeathed by the Testator in the following terms:-

“(1) On the ground floor of the house situated at B-4/196, Safdarjung Enclave, New Delhi, I am in occupation of a drawing room measuring 13’-10½” into 11’-10” and one dining room measuring 13’-10½” into 10’-0”, one toilet measuring 8’-C” into 4’-8”, one kitchen measuring 8’-C” into 7’-0”. The same is bequeathed to my son Shri Harish Chand Mathur. In addition to the above one bedroom measuring 13’-10½” into 11’-10” with attached toilet measuring 6’-5” into 6’-4½” presently under the tenancy of one Shri Sohan Minz is also bequeathed to the said Shri Harish Chand Mathur. The entire open space including Canopy, verandah, etc. on the front side and half portion of the open space on the back side to the property is bequeathed to the said Shri Harish Chand Mathur. The entire portion thus bequeathed to said Shri Harish Chand Mathur has been marked as Red in the appended plain. (3) The remaining portion of the ground floor, consisting of one bed, measuring 13’-10½” into 10’-0” and one kitchen (Box) measuring 8’-0” into 5’-0”, which is presently part of the tenanted portion with said Shri Sohan Minz including half portion of the open space on the back side of the property is bequeathed to my son Shri Ishwar Chand Mathur. (4) That under the municipal laws, the Ist and second Floor of the house can be further constructed, which I have not been able to carry out for want of funds. My sons Shri Suresh Chand Mathur, Shri Mahesh Chand Mathur and Shri Naresh Chand Mathur are settled in life and are in a position to construct the property for themselves, and with that view in mind, I further bequeath:

(a) The portion on the first floor above the dining and drawing room including toilets and kitchen, presently under my possession, to Shri Mahesh Chand Mathur for the purpose of constructing thereon suitable property according to the municipal law.

(b) Similarly, Shri Suresh Chand Mathur is bequeathed the portion on the first floor above the two bed rooms attached bath room and kitchen, presently under the tenancy of Shri Sohan Minz for the purpose of constructing property according to municipal laws.

(c) Similarly, Shri Naresh Chand Mathur is bequeathed space on the second floor for construction of house according to the municipal laws over all constructions on first floor. Provided that in the event the construction on the first floor is not carried out by the legatees over their respective portions within 10 years after my death, the portion thus bequeathed, shall revert to my son Shri Naresh Chand Mathur, who shall thereafter have a complete right over the same as full owner. In that event rights of Naresh Chand regarding second floor will revert to Shri Harish Chand Mathur. Provided, further, that in case of Shri Naresh Chand Mathur who has been bequeathed the second floor does not carry out the constructions within ten years of constructions on first floor or within ten years of his entitlement to first floor as aforesaid, his entitlement will revert back to Shri Harish Chand. Shri Harish Chand Mathur shall have the right of extending the aforesaid period of ten years by consenting in writing to that effect. In case of pre-death of Shri Harish Chand, his heirs, will step in his place. It may be added here that Shri Mahesh Chand, Shri Suresh Chand Mathur and Shri Naresh Chand Mathur shall have complete right of construction over the space bequeathed to them. They shall, however, have no right to transfer the portion, thus bequeathed to them without first carrying out the constructions according to the municipal laws. They shall have free right of access a