GURSWAROOP JOSHI Vs. BEENA SHARMA
LAWS(SC)-2006-4-25
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
April 25,2006
GURSWAROOP JOSHI
Appellant
VERSUS
BEENA SHARMA
Respondents
Referred Judgements :-
SRIKRISHNA AND ORS. V. ANIRUDDHA SINGH AND ORS. [REFERRED TO]UNION OF INDIA VS. MODILUFT LIMITED [REFERRED TO]
CHANDI PRASAD VS. JAGDISH PRASAD [REFERRED TO]
Cited Judgements :-
K V NATARAJAN VS. K V ANANTHARAJ [LAWS(MAD)-2008-4-136] [REFERRED TO]DHANAMMAL VS. KESAVA REDDIAR [LAWS(MAD)-2009-11-548] [REFERRED TO]
ATALENDU ROY VS. BINA ROY [LAWS(CAL)-2008-3-10] [REFERRED TO]
PHILLIP VS. FR ZACHARIA [LAWS(KER)-2008-12-34] [REFERRED TO]
ARUN CHANDRA ROY (DECEASED) VS. BINA ROY [LAWS(CAL)-2008-3-107] [REFERRED]
SHOBHANA SAHADEV SHAH, OCCUPATION: BUSINESS, AGE: RELIGION: JAIN OF BOMBAY INDIAN INHABITANT RESIDING AT C VS. SANGEETA PORBANDERWALA, A U.S. CITIZEN OF INDIAN ORIGIN, HAVING HER ADDRESS AT 162 [LAWS(BOM)-2017-2-113] [REFERRED TO]
M.A.I. KOVOOR ALIAS ANNA KOVOOR VS. THOMAS IPE KOVOOR [LAWS(KAR)-2013-3-96] [REFERRED TO]
JUDGEMENT
S. B. Sinha, J. -
(1.)A Will was executed on 3-1-1980 by one Harbans Lal Joshi. He passed away on 5-3-1981 leaving behind the following heirs and legal representatives:
I. Smt. Pushpawati Joshi, widow.
II. Late Shri Basant Kumar Joshi (deceased son of Shri H.L. Joshi) through:
(1) Smt. Chandrakala Joshi widow of Shri Basant Kumar Joshi.
(2) Gunjan Joshi d/o Shri Basant Kumar Joshi.
(3) Siddarth Joshi s/o Shri Basant Kumar Joshi.
III. Dr. Sahib Swarup Joshi s/o Shri H.L. Joshi.
IV. Shri Gurswarup Joshi s/o Shri H.L. Joshi.
V. Shri Prem Swarup Joshi s/o Shri H.L. Joshi.
VI. Smt. Beena Sharma d/o Shri H.L. Joshi.
VII. Smt. Shanti Devi d/o Shri H.L. Joshi.
(2.)In 1984, the 1st respondent herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 (the Act, for short) for grant of probate in respect of the said Will. Objections were filed thereagainst. By an order dated 28-2-1996, the learned Additional District Judge, Delhi held that the said Will executed by the afore-mentioned Harbans Lal Joshi, was valid in law and had been executed by him in sound disposing mind. The prayer for grant of probate as made by the 1st respondent was, therefore, allowed. The widow of Shri Harbans Lal Joshi, Smt. Pushpawati Joshi, respondent No.2 Smt. Chandra Kala Joshi, widow of deceased B.K. Joshi s/o Harbans Lal Joshi and respondent No.7 Dr. Sahib Swarup Joshi preferred an appeal against the said judgment and order dated 28-2-1996 before the Delhi High Court. It was registered as F.A.O.No. 248 of 1996. Smt. Pushpawati, the widow of Late Harbans Lal Joshi died on 12-1-1999. The appellant herein filed an application for her transposition and/or substitution as an appellant in place of Late Pushpawati. The said application has been rejected by the Registrar of the Delhi High Court. One of the appellants in the said appeal, namely, Dr. Sahib Swarup Joshi moved an application for withdrawal from the said appeal and his name was deleted from the array of the appellants and was transposed to the category of a respondent.
(3.)It is not in dispute that certain stipulations made in the said Will are vague. The parties found it difficult to work out the said Will.
I. Smt. Pushpawati Joshi, widow.
II. Late Shri Basant Kumar Joshi (deceased son of Shri H.L. Joshi) through:
(1) Smt. Chandrakala Joshi widow of Shri Basant Kumar Joshi.
(2) Gunjan Joshi d/o Shri Basant Kumar Joshi.
(3) Siddarth Joshi s/o Shri Basant Kumar Joshi.
III. Dr. Sahib Swarup Joshi s/o Shri H.L. Joshi.
IV. Shri Gurswarup Joshi s/o Shri H.L. Joshi.
V. Shri Prem Swarup Joshi s/o Shri H.L. Joshi.
VI. Smt. Beena Sharma d/o Shri H.L. Joshi.
VII. Smt. Shanti Devi d/o Shri H.L. Joshi.
(2.)In 1984, the 1st respondent herein filed an application purported to be under Section 276 of the Indian Succession Act, 1925 (the Act, for short) for grant of probate in respect of the said Will. Objections were filed thereagainst. By an order dated 28-2-1996, the learned Additional District Judge, Delhi held that the said Will executed by the afore-mentioned Harbans Lal Joshi, was valid in law and had been executed by him in sound disposing mind. The prayer for grant of probate as made by the 1st respondent was, therefore, allowed. The widow of Shri Harbans Lal Joshi, Smt. Pushpawati Joshi, respondent No.2 Smt. Chandra Kala Joshi, widow of deceased B.K. Joshi s/o Harbans Lal Joshi and respondent No.7 Dr. Sahib Swarup Joshi preferred an appeal against the said judgment and order dated 28-2-1996 before the Delhi High Court. It was registered as F.A.O.No. 248 of 1996. Smt. Pushpawati, the widow of Late Harbans Lal Joshi died on 12-1-1999. The appellant herein filed an application for her transposition and/or substitution as an appellant in place of Late Pushpawati. The said application has been rejected by the Registrar of the Delhi High Court. One of the appellants in the said appeal, namely, Dr. Sahib Swarup Joshi moved an application for withdrawal from the said appeal and his name was deleted from the array of the appellants and was transposed to the category of a respondent.
(3.)It is not in dispute that certain stipulations made in the said Will are vague. The parties found it difficult to work out the said Will.
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