Brij Mohan had two wives. Arvind and Rishi were his sons by the first wife and Ranveer and Yogesh were his sons by second wife. Brij Mohan died in the year 1954 and his second son Rishi also predeceased him in 1953 leaving his widow Mohini.
In the year 1950, there was a partition of the joint family property between Brij Mohan and his four sons- Arvind, Rishi, Ranveer, Yogesh. The property was divided between the father and four sons by metes and bounds. Anurag, natural born son of Arvind died on 1981, leaving behind a son Anupransh and widow Pushpshree.
Arvind died in 1988 executing a will in the same year before his death where under he gave his properties in equal shares to Anupransh as he was the last surviving coparcener and Anushree, the daughter of her predeceased daughter, Saraswati.
While executing the will he also indicated Mohini, the widow of his brother Rishi, to take possession of the entire property which was belonging to him, to manage the same, to spend the income there from at her discretion and to handover the property to his two grandchildren after they attained majority and if either or both of them died before attaining majority, his or her share or the entire property as the cases may be, would go to Mohini.
It is noticed that while making of the will by Arvind, no consent of Anupransh was present. The point raised out was that Pushpshree, the widow of Arvind’s son, Anurag, was excluded from the management as well as from inheritance after the death of Arvind. But on the directions of Mohini, Pushpshree was allowed to manage the entire property and she accordingly came into possession of the entire property after the death of Arvind.
Anupransh and Anushree died in the year 1993 in minority.A suit was filed by Mohini in year 1994 in the Court of District Judge, Jaipur for possession of property on the ground asserting that before the death of Rishi, he took Anurag, the son of his brother, Arvind, in adoption as per some religious customs. Pushpshree contested this suit on ground that her husband was not adopted by Rishi and his wife, Mohini and she was denied the share on partition.
now i have to make 2 memorials from both the side.... please help me with some issues and what all i should answer in that.
thank you !!