1. The present suit was filed on 29th August 2005 by late Smt. Santosh Dutta, daughter of late Shri Bal Krishan Bali and late Smt. Kaushalya Bali (now represented by her legal representatives (LRs) against her siblings Shri Surender Krishan Bali, Defendant No.1, Yogesh Ahuja, Defendant No.2 and Smt. Anju, Defendant No.3 (both of whom are the children of her deceased sister Smt. Kailash Ahuja and are residing in the United States of America). The relief sought in the suit is for seeking declaration of her 1/3rd share in the suit property at C-9/2, Vasant Vihar, New Delhi and for a preliminary and final decree of partition, possession, rendition of accounts and permanent injunction in respect of the suit property.

2. The facts in brief are that the deceased Plaintiff is the eldest daughter of late Shri Bal Krishan Bali who expired on 27th November 1991 and Smt. Kaushalya Bali who expired on 20th October 2003. While according to the Plaintiff both her parents died intestate, the case of Defendant No.1 is that each of them left a Will. He claims that late Shri Bal Krishan Bali left a Will dated 18th April 1988 and Smt. Kaushalya Bali left a Will dated 28th October 1999. The Plaintiff expired on 26th December 2007. She is stated to have executed a Will dated 23rd July 2007 in favour of her son Shri Ashwani Kumar Dutta. The other LRs of the Plaintiff were impleaded as Defendants but have not appeared.

3. While directing summons to be issued in the suit on 31st August 2005, the Court restrained Defendant No.1 from selling, alienating or creating any third party interest in respect of the suit property. Thereafter interlocutory orders have been passed permitting the Defendant No.1 to let out portions of the suit property. The terms and stipulations of such lease deeds have been set out in the orders dated 25th September 2007 and 13th January 2010. Defendant No.1 was directed to place on record the copy of the lease deed, file quarterly accounts of the rent collected and expenses incurred. It was further directed that in the event the Plaintiff succeeded in the suit, she would be entitled to the share of the rent and to that extent there shall be a charge on the share of Defendant No.1.

4. Attempts at mediation during the pendency of the suit failed. On 25th September 2007, the following issues were framed in the suit:

(1) Whether late Shri B.K. Bali executed a legal and valid Will dated 18th April 1988? OPD-1

(2) Whether late Shrimati Kaushalya Devi executed a legal and valid Will dated 28th October 1999? OPD-1

(3) If Issue Nos. 1 and 2 are answered in favour of the Plaintiff, what is the share of the parties in the suit property? Onus on the parties.

(4) Relief.

5. On behalf of the Defendant No.1 the following witnesses were examined:

(i) Surender Krishan Bali (DW-1)

(ii) Smt. Neelam Chawla (DW-2)

(iii) Vinod Kumar, Record Clerk from the office of Sub-Registrar (DW-3)

(iv) Shri S.C. Dewan (DW-4)

(v) Shri Ramesh Vohra (DW-5)

(vi) Shri Rajan Mittal (DW-6)

(vii) Shri Gopal Aggarwal, Sub-Registrar-III, Asaf Ali Road, New Delhi (also wrongly numbered as DW-6)

(viii) Shri Nagender Prashad, Assistant Cooperative Society Branch, Delhi Development Authority (DW-7)

(ix) Shri Diwan Singh, Officer from Punjab National Bank, Connaught Place, New Delhi (DW-8).

6. On behalf of the Plaintiff, Shri Ashwani Kumar Dutta was examined as PW-1and Shri Arun Kumar as PW-2. Issue No. (1): Whether late Shri B.K. Bali executed a legal and valid Will dated 18th April 1988?

7. The Court first takes up Issue No.1 concerning the validity of the Will dated 18th April 1988 of late Shri Bal Krishan Bali. The said Will reads as under:

“This is the last will of me, B.K. Bali, aged 78 years, resident of C-9/2 Vasant Vihar, New Delhi, made on this 18th day of April, 1988.

2. I hereby revoke all former wills and codicils made by me.

3. I appoint Shrimati Kaushalya Bali, my wife, resident of C-9/2, Vasant Vihar, New Delhi, as the sole executor of this my will. I