Name: Bhagwan Krishan Gupta

City: New Delhi

Court: Supreme Court

Summary: While having a Will is very important, even more important is to keep it clear and unambiguous. This case study shows you why.

Was there a Will: Yes

A clearly drafted Will is a must. In the absence of this, families inevitably face disputes. Families also have to wait for years till the court can resolve any issues.

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‍Story

Bhagwan’s father, Murari Lal Gupta, and Girdhari Lal Gupta were brothers. Both the brothers jointly purchased land in New Delhi and constructed a two-storey building and a barsati. However, the said property was owned in the name of Murari Lal Gupta (Testator). Murari Lal made a Will stating the division of the concerned property, in which he bequeathed the ground floor to his sons and the first floor to his brother’s children. The dispute arose concerning the barsati floor which Murari Lal did not mention in his Will.

In the case of Bhagwan Krishan Gupta vs Prabha Gupta and Ors (25th February, 2009, Supreme Court of India, Civil Appeal No. 1186 2009) the Testator, that is the person making the Will, Murari Lal Gupta wrote a Will, mentioning his property in New Delhi.

That property was jointly purchased by him and his younger brother, late Girdhari Lal Gupta, but was registered in the name of Murari Lal Gupta. The two brothers together contributed equally towards the construction of a two-storey building and a barsati floor for their family to live in.

As a family settlement, it was agreed that the ownership of the ground floor of the house would belong to Murari Lal Gupta’s family, and they would have its complete possession for their use. Similarly, the ownership of the first floor of the house would belong to the late Girdhari Lal Gupta’s family.

This was clearly stated by Murari Lal Gupta in his Will, where he bequeathed the ground floor of the house to his four sons (including Bhagwan) equally and the first floor to his late younger brother’s family.

Since Murari Lal Gupta had clearly mentioned the fact that, despite the property being in his name, the purchase of the land and the construction of the residential house on it was jointly done by him and his brother, both brothers own the property equally.

This was further clarified by Gupta in his letter to the Revenue Authority, where he expressly mentioned that the property is jointly owned by him and his late brother; and that his share in the said house is one-half (ie, ground floor), while the other half (ie, first floor and Barsati floor) belongs to his late brother, Girdhari Lal Gupta (and his family).

The Testator also mentioned that, since his brother had predeceased him, the division of property is made in his name and the name of his brother's wife, Subz Kali. This was also affirmed in the affidavit attached to the application of mutation.

Challenges

The 'Will' in question talked about the ownership of the ground floor, which belonged to Bhagwan and his three brothers, and that of the first floor to the family members of Girdhari Lal Gupta. However, the portion consisting of the Barsati was not mentioned in the Will.

Learnings

• A clearly drafted Will is a must. In the absence of it, families (such as this one) inevitably face disputes. Families also have to wait for years till the court can resolve any issues.
• The intention of the Testator is of the utmost importance, and all the assets should be clearly listed down in the Will.
• At Yellow, we understand the importance of an unambiguous Will. Our experts guide you so that you can create your Will in a robust fashion. Having a residuary clause helps in case you miss out to mention any asset that you own.

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