I am an old man of 90 years. Life is transient. In spite of being old aged I enjoy my right senses and I can distinguish between good and bad. I have got four sons, namely, Raghbir Singh, Budh Singh, Balbir Singh and Kishan Singh and two daughters, namely, Shanti and Manti. All are married and blessed with children. My wife Shrimati Bhaktawari, daughter of Shri Nathu Ram is also alive. She is quite obedient and renders every possible help to me. I am quite pleased with her. My sons Raghbir Singh, Balbir Singh and Kishan Singh aforesaid, are also very obedient and serve me. However, my elder son Budh Singth is quite disobedient and I am not satisfied with his character. I am quite displeased with him. Hence I reduce this will into writing as under.
So long as I, the testator, am alive I shall continue to be the a absolute owner of my entire moveable and immoveable property.
After my death my wife Shrimati Bakhtawari
shall become the absolute owner of my moveable properties. As regards
immoveable properties my wife, the aforesaid Shrimati Bakhtawari shall
take only a life interest therein entitled to enjoy only the income
and without any power of disposal or alienation.
My son Budh Singh aforesaid and his children, my daughters and their children shall have no concern with my properties both moveable and immoveable. Besides none of my heirs or legal representatives etc. shall have any concern with my properties. [sic] All the properties are my self-acquired properties and I have absolute power of disposal over the same.
After the death of my wife Bhaktawari, the immoveable properies shall be taken as follows:
My son Raghbir Singh aforesaid, shall become the absolute owner of the house bearing No. 4055 (new) and 2294 (old) purchased from Ram Saran, son of Meeda, vide the sale-deed registered at Serial No. 2878, Book No. 1, Vol. No. 1162 at pages 34 to 37 on the 29th September, 1919. This house is situate in Gali Jain Girls School, Pahari Dhiraj, Delhi City. My son Balbir Singh aforesaid shall become the owner or Huse No. 3902 (new) and 3107 (old), purchased from Ram Prashad, son of Devi Singh, vide the sale-deed registered at No. 76, Book No. 1, Vol. No. 1618 at pp. l03 to 106 on the 9th January, I931. My son Kishan Singh shall become the absolute owner of shop bearing No 4054 (new) and 326O (old), purchased from Dwarka Ram, vide the sale-deed registered at No. 2159, Book No. 1, Vol. No. 1979 at pp. 87 to 90 on the 26th July, I954. In case any one raises any objections regarding the will executed by me that shall have no force [sic]. In case any claimant comes forward, his claim shall be liable to be rejected. My daughters, are leading a prosperous life. Moreover, I have already given a lot to them. Hence, I while enjoying right senses and intellect, without coercion or persuasion on the part of anybody else have reduced this will into writing of my own accord and free will so that it may serve as an authority and be of use in the time of need. My son Raghbir Singh, Balbir Singh and Kishan Singh shall be liable to pay the enhanced rent of the land underneath shop No. 3902 if the rent is enhanced by Nazul in equal shares.
23rd March, 1967.
''Again my son Budh Singh uses filthy language against me and his mother,
Original source: Raghbir Singh v. Budh Singh, A.I.R. 1978 Delhi 86.