03.11.2023. Secondly, this Court has noticed that in the judgment and preliminary decree of partition dated 23.10.2001, the trial Court had clearly observed that three daughters of late Smt. Mohan Kanwar do not claim and undertake not to claim any share in the jewellery left by their mother. In that view, the jewellery of Late Smt. Mohan Kanwar was divided in equal 1/ 3rd – 1/ 3rd share among husband and two sons of late Smt. Mohan Kanwar. Now since husband Narayan Singh Panwar- defendant No.1respondent No.2 herein, in his Will dated 25.11.2003 (Exhibit-22) has desired to give his 1/3rd share in the jewellery, to his three daughters, who is beneficiary of other 1/3rd share of defendant No.1 has been given to plaintiff respondent No.1 under the same Will as much as the plaintiff, is agreeable to honor the Will of his father-defendant No.1, this Court leave this open at the discretion of respondent No.1-plaintiff, to give 1/ 3rd share of his father in the jewellery to three daughters of defendant No.1 or to keep with him. Since three daughters of defendant No.1, respondent No.3, 4 and 5 herein, have clearly denied before this Court through their counsel, to take 1/ 3rd share of their father in the jewellery, rather has expressed no objection to give this 1/ 3rd share of their father in jewellery to plaintiff, hence merely on the objection of appellant defendant no.2 impugned final order does not warrant any correction/ modification.
