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DELHI HIGH COURT
Pradeep Nandrajog, Siddharth Mridul, JJ.
Judge Pal Khera - Appellant
Versus
Chand Rani Khera & Ors. - Resopndent
RFA(OS) 30/2008
Decided On : 23-04-2012
Will Interpretation - Letter of Administration - [Indian Succession Act, 1925, Section 213] - The court discussed the interpretation of the will in question, focusing on the bequests made to the wife and the subsequent devolution of the property. The key legal provisions discussed were the terms 'absolutely' and 'exclusively' in the will, and the incidental power to sell as part of ownership. The court's decision was influenced by the intention expressed in the will and the distinction between limited and absolute bequests.
Fact of the Case:
The petitioner sought Letter of Administration with a will dated May 31, 1994 annexed, pertaining to the estate of the petitioner’s father. The mother questioned the interpretation of the will, claiming complete title to the estate.
Finding of the Court:
The court found that the will made an absolute and exclusive bequest in favor of the mother, and therefore, the petitioner was not entitled to be granted Letter of Administration with will annexed.
Issues: The main issue was the interpretation of the will, specifically the effect of the bequests made in the will, and whether the petitioner was entitled to the grant of Letter of Administration.
Ratio Decidendi: The court's decision was based on the interpretation of the will, focusing on the terms 'absolutely' and 'exclusively' in the bequest to the mother, and the distinction between limited and absolute bequests.
Final Decision: The appeal was dismissed, and the parties were left to bear their own costs.
Pradeep Nandrajog, J.
1. Appellant was the petitioner in Probate Case No.49/2006.
2. Claim in the petition was to grant Letter of Administration with will dated May 31, 1994 annexed.
3. The will in question pertained to the estate of petitioner’s father, late Sh.Ram Lal Khera.
4. As per the petition, late Sh.Ram Lal Khera, in a sound disposing mind and in presence of witnesses, had executed the will in question and got the same registered on June 07, 1994. As per the petition, Sh.Ram Lal Khera had bequeathed only a life estate in favour of his wife to use and enjoy the property and the corpus was devolved upon the petitioner and his son.
5. The mother, i.e. Smt.Chand Rani Khera did not file a written opposition to the petition filed, but the record of the learned Single Judge would reveal that she did not join issues with the petitioner on the subject of her husband having executed the will in question. She questioned the interpretation of the will as propounded by the petitioner and claimed complete title to the estate.
6. Thus, the only issue to be adjudicated by the learned Single Judge was to interpret the will and the said issue finds itself reflected in the order dated January 11, 2008 where the learned Single Judge has penned that arguments would be heard on the maintainability of the petition on March 25, 2008.
7. The reason for so indicating was obvious. Petitioner was seeking Letter of Administration with will annexed. The mother was not disputing the will executed by her husband. The mother and the son were at variance on the issue: Whereas the son asserted that what his mother got a life estate, the mother predicated a stand to the contrary by asserting that the bequest in her favour was absolute.
8. The debate between the parties led the learned Single Judge to consider the will in question.
9. It had to be so.
10. The first three clauses of the will are undisputedly by way of recitals; a fact not disputed by either counsel.
11. The operative clauses of the will are three in number i.e. Clause No.4, 5 and 6, which read as under:-
“4. That I bequeath and devise that after my demise my all moveable and immovable properties shall go and devolve upon my wife Smt.Chand Rani Khera absolutely and exclusively to the exclusion of all others. The said beneficiary Smt.Chand Rani Khera can use hold and enjoy my moveable and immoveable properties after my death in any manner as she likes.
5. That I further bequeath and devise that after my demise and demise of my wife said Smt.Chand Rani Khera the rest of the property(s) of mine whether stand in my name or substituted in the name of my wife shall go and devolve upon my younger son Mr.Judge Pal Khera and my grandson Master Deepak Khera equally and absolutely to the exclusion of all others. My son Shri Ramesh Kumar Khera, his wife Smt.Rita Khera and their son and daughter, my four daughters Smt.Kamlesh Adlekha, Smt.Neelam Narula, Smt.Praveen Malhotra and Smt.Seema Dua and their legal heirs, and my daughter-in-law Smt.Sunita Khera shall have no right, title or interest in my properties whether moveable or immoveable whatsoever i.e. I hereby debar them absolutely from my properties.
6. That my son Shri Judge Pal Khera and grandson Master Deepak Khera can use, hold and enjoy the properties of mine leaving behind by my wife after her death. I hereby make a provision that my son Judge Pal Khera shall have no right to sell, mortgage, gift, or dispose off in any manner the properties devolved upon them till my grandson will not attain the age of 18 years.”
12. Dealing with the four clauses, it is apparent that clause No.4 which consists of two sentences, makes a bequest in favour of Smt.Chand Rani. The first sentence uses two words which are of importance. The first is the word “absolutely”, and the second is the word “exclusively”.
13. The testator of the will has clearly penned that after his demise, his moveable and immoveable property shall devolve upon his wife absolutely and exclusivel
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