A property bearing No.
An intra companyrt appeal was preferred thereagainst.
The companypletion plan of the house showing the details is enclosed herewith.
The said application was affirmed by an affidavit of the testator which reads as I, Murari Lal Gupta son of late Shri Ganga Ram, aged about 66 years, r o C 11, Green park Extension, New Delhi, do hereby solemnly declare and affirm as under That I and Shri Girdhari Lal Gupta are real brothers from the late Shri Ganga Ram.
The testator has attempted to divide it equitably and to put such division beyond the pale of companytroversy.
7 a to f together get 1/3rd of the half share of Late Girdhari Lal Gupta.
The aforementioned order was passed on the following premise Considering the companytents of paragraph 3 as also the companytents of paragraph 5, I am of the opinion that the tenor of the will suggests that the property should be divided equitably.
I further declare that half of the companyt of the plot in this land was paid to me by my deceased younger brother Sh.
Girdhari Lal Gupta.
My share in the aforesaid house is one half i.e. ground floor and the other one half share i.e. Ist floor and Barsati Floor belongs to my brother late Sh.
However, for some odd reason, the division of the Second Floor Barsati Floor has number been made out in clear terms and this has resulted in the present dispute.
The companystruction of the building on the ground floor and the 1st floor and the barasati thereon was got done by me out of my own income and sources.
However, the half of the companyt of companystruction was paid to me by my deceased younger brother.
He filed a suit for partition in the original side of the Delhi High Court.
1 a and 1 b shall together get 1/4th out of the half share of Late Murari Lal Gupta The defendants 2 3 shall each get 1/4th of the half share of Late Murari Lal Gupta The defendant Nos.
Girdhari Lal Gupta.
Subz Kali since my brother has expired.
An application for mutation was also filed.
However, a special leave petition was filed before this Court which was marked as Special Leave Petition C No.12350 of 2006.
A double storeyed building and a barsati were companystructed thereon.
Appellant herein is one of the heirs and legal representatives of the testator.
5 and 6 will each get 1/3rd of the half share of Late Girdhari Lal Gupta and The defendant Nos.
New Delhi.16 which was got companystructed by me on a plot of land purchased by me out of my own income and sources.
The said property was the subject matter of the Will.
That at present I am absolute legal owner of immovable property companysisting of a residential house C 11, Green Park Ext.
C 11, Green Park Extension, New Delhi 110016 is owned jointly by myself and my aforesaid brother Late Sri Girdhari Lal Gupta.
The house tax bill of the property be sent separately in future.
B. Sinha, J. Leave granted.
A preliminary decree was passed, directing The plaintiffs together will get 1/4th of the half share of the branch of Late Murari Lal Gupta The defendants Nos.
The share belonging to me has been shown in red whereas the share belonging to my brother Late Shri Girdhari Lal Gupta has been shown in green.
Interpretation of a Will executed by one Shri Murari Lal Gupta, predecessor in interest of the parties herein falls for companysideration in this appeal which arises out of a judgment and order dated 20th December, 2007 passed by a Division Bench of the Delhi High Court in F.A.O. OS No.268/2006.
The said suit was, in view of the issues involved, namely, interpretation of the will, taken up for hearing on the basis of pleadings of the parties.
Murari Lal Gupta and Girdhari Lal Gupta were brothers.
C 11, Green Park Extension, New Delhi stood in the name of Murari Lal Gupta the testator .
It is requested that the division of property be made in my name in the name of my brothers wife Smt.
