RAJIV SAHAI ENDLAW
Arjun Som Dutt – Appellant
Versus
Madhvi Bery – Respondent
1. The two plaintiffs have filed this suit, (i) for declaration of the purported Codicil dated 7th April, 2006 executed by Ms. Kunti Verman as invalid ab initio, illegal and null and void;
(ii) for partition of the movable and immovable assets of the said Ms. Kunti Verman including property No.2A, Friends Colony (West), New Delhi; and,
(iii) for ancillary reliefs of injunction and rendition of accounts, pleading:
(a) that Ms. Kunti Verman aforesaid was the sister of the paternal grandmother Ms. Parmeshwari Som Dutt of the two plaintiffs;
(b) that Ms. Kunti Verman made a Will dated 1st August, 1994 whereunder she bequeathed her property No.2A, Friends Colony (West), New Delhi jointly and equally to her two sisters Ms. Umi Khanna and defendant No.1 Mrs. Madhvi Bery;
(c) that the paternal grandmother of the plaintiffs Ms. Parmeshwari Som Dutt was also one of the beneficiaries of the aforementioned Will dated 1st August, 1994 of Ms. Kunti Verman;
(d) that Ms. Parmeshwari Som Dutt, the paternal grandmother of the two plaintiffs died on 29th September, 2005 leaving inter alia the plaintiffs as her legal heirs.
(e) that Ms. Umi Khanna aforesaid also died on 1st March, 2006 and sin
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