JUDGMENT

Neena Bansal Krishna, J. The plaintiff Sh. Ajay Khurania filed the suit for partition in the year 1999 in respect of property No.C-41, East of Kailash, New Delhi against his siblings being the lineal descendants of Smt. Gulab Devi. The eldest brother Sh. Mahendra Khurania, in return, filed a Probate case in the year 2000 in respect of Will dated 23.02.1994 of the mother Smt. Gulab Devi which was altered by the subsequent registered Will dated 14.05.1997. The two suits are being decided together as they involve common issues.

2. The factual background of the present disputes is that Late Smt. Gulab Devi mother of the parties to the suit, had purchased the property No.C-41, East of Kailash, New Delhi measuring 200 sq. yards (hereinafter referred to as suit property) from her own funds vide registered perpetual Lease Deed dated 27.01.1969. The two and half storey house was constructed by Smt. Gulab Devi where she resided with all the family members till her death on 31.07.1997. The husband of Smt. Gulab Devi predeceased her on 20.08.1976. Smt. Gulab Devi was survived by four sons and three daughters.

3. Civil Suit No. 345/2018 (earlier CS (OS) No. 321/1999) has been filed by