SEEMA SARIN Vs. SUDESH CHANDER TALWAR

JUDGEMENT

(1.) INTRODUCTION

(2.) For whatever reason, Mrs. Neena Sarin and her family resided in Mrs. Talwar's residence in New Delhi for a long time, since September 1977. Mrs. Neena Sarin lived there with her husband Uday and their two daughters, Seema and Reema. Both these daughters are educated and professional women. Mrs. Bhagwati Talwar is said to have made her last Will and Testament on 3 rd January, 1995. The document shows attestation by two witnesses, Mr. B.D. Khaitan of 38. Ballygunge Park, Kolkata 19 and Mrs. Sarla Gulati of 36 D, Beniapukur Road, Kolkata 14.

(3.) The relevant part of the bequest was that the Delhi property was given to her two sons Jagdish Chander and Sudesh Chander and her daughter Mrs. Neena Sarin absolutely in equal shares. But the bequest had a condition. In case Mrs. Neena Sarin died before the testatrix, the property would go to her two sons equally. In case any of the sons died his share would go to his heirs. The testatrix appointed her son Sudesh Chander as the executor of the alleged will. Very unfortunately Mrs. Neena Sarin, did not survive the testatrix. She died on 16 th May, 2003.