VIBHU BAKHRU
S. K. Chopra – Appellant
Versus
V. N. Chopra – Respondent
Vibhu Bakhru, J.
1. The plaintiff has filed the above captioned suit, inter alia, seeking partition of the property bearing no. C-204, Anand Vihar, Delhi (hereafter “the suit property”). It is not disputed that the suit property was a self-acquired property of late Sh. H.L. Chopra, who was the father of Dr S.K. Chopra (the plaintiff), Sh. V.N. Chopra (original defendant no.1, since deceased and replaced by legal heirs defendant nos. 1(a) to 1(d)) and late Brig. T.R. Chopra (predecessor-in-interest of defendant nos. 2 and 3). Late Sh. H.L. Chopra executed a will dated 19.01.1993 (hereafter “the Will”) bequeathing the suit property to his wife, Smt. Inder Rani Chopra (since deceased) and after the demise of himself and his wife, to his three sons, namely, the plaintiff, Sh. V.N. Chopra (since deceased) and Brig. T.R. Chopra (since deceased).
2. Sh. H.L. Chopra, the testator, expired on 08.04.1993. His widow, Smt. Inder Rani Chopra expired on 17/18.01.2000. His son, Brig. T.R. Chopra also expired prior to filing of the present suit (which was filed on 05.03.2012). Sh. V.N. Chopra (original defendant No.1) expired on 22.09.2013 and his legal heirs being defendant Nos. 1(a) to 1
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