MOOL CHAND GARG
Pushpawati Joshi Thr. Lrs Chandrakala Joshi – Appellant
Versus
Beena Sharma – Respondent
Mool Chand Garg, J.
1. This appeal has been filed by the appellant against the order granting probate of the Will dated 03.01.1980 executed by late Shri Harbans Lal Joshi who expired on 05.03.1981 leaving behind 4 sons, two daughters and 1 widow. The grant of probate was opposed by all the 4 sons and his widow vide objection dated 11.12.1984. As per the Will in respect of accommodation available in H.No. C-66, Soami Nagar, New Delhi -17 front portion in its entirety is given to the daughter Mrs. Beena Joshi Sharma except one bed room opposite to kitchen of the said portion. Rear portion consisting of two rooms was given to two sons, namely, Prem Swaroop Joshi & Basant Kumar Joshi, who took one bedroom each along with common corridor & kitchen.
2. Similary, bequeath of some portion of the first floor has been made in favour of Shri Sahab Swaroop and Gur Swaroop Joshi in the following words:-
"(a) Space over front portion - may be built by my son Sahab Swaroop when convenient to him, so as to have decent accommodation when he settles down in Delhi permanently after his retirement from Govt. Service in M.P., or earlier according to his choice.
(b) Space over rear portion 1st floor -- Gur
Kalyan Singh v. Smt. Chotti AIR 1990 SC 396
Rabinder Nath Mukherjee v. Panchanan Banerjee (Dead) by L.Rs. & Ors. AIR 1995 SC 1684
Ram Piari v. Bhagwanti & Ors. AIR 1990 SC 1742
Savithri & Ors. v. Karthyayani Amma & Ors. (2007) 11 SCC 621
Shashi Kumar Banerjee v. Subodh Kumar Banerjee AIR 1964 SC 529
Shrikrishna & Ors. v. Anirudha Singh & Ors. (2005) 12 SCC 389)
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