High Court of Delhi recently passed a judgment in the case of Vikram Bahl & Anr. vs. Siddhartha Bahl and held that the right of the beneficiary under the mutual will accrue on the demise of either of the executants and during the lifetime of the other executant of the mutual will.

“The principle of, a mutual will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law”, observed Justice Rajiv Sahai Endlaw while decreeing a suit.

In the present appeal, late Wing Commander N.N.Bahl and Sundri N. Bahl were owners of the suit property and executed a joint Will dated 31st March 2006 whereunder they bequeathed their respective share to the other. But after the death of one spouse i.e. husband/N.N.Bahl, the entire property is to “rest” with the other spouse & no one else shall have the right or interest in the share of the deceased, but after the death of the other spouse i.e. wife/Sundari Bahl only their eldest son and younger son will be absolute owners of their property.

The eldest son with his daughter filed a suit for a permanent injunction against his mother and his younger brother.

Justice Rajiv Sahai Endlaw held that on the reading of the clauses of the Will it is evident that the said Will contains the agreement between Testators as to how the Suit Property is to be devised and bequeathed and there is no ambiguity or uncertainty of the agreement between the Testators and incumbent for the Hindu female to plead that the subject property was bequeathed to her in lieu of a pre-existing right and since in the present case Mrs. Sundi Bahl has not pleaded so, she cannot claim an absolute right to the suit property under Section 14(1).

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