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NEENA BANSAL KRISHNA
Ajay Kumar Khurania Son of Late Shri Gulab Chand – Appellant
Versus
Mahendra Kumar Khurania Son of Late Shri Gulab Chand – Respondent
| Table of Content |
|---|
| 1. factual background of property ownership (Para 1 , 2) |
| 2. arguments related to partition and wills (Para 3 , 4 , 5 , 6 , 7 , 9) |
| 3. contentions against the validity of wills (Para 10 , 11 , 12) |
| 4. suspicious circumstances surrounding second will (Para 33 , 34 , 35 , 36) |
| 5. conclusion regarding effectiveness of wills and partition decree (Para 171 , 172 , 174) |
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 perpetu
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