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1992 Supreme(SC) 207

S.C.AGRAWAL, M.FATHIMA BEEVI
Guro – Appellant
Versus
Atma Singh – Respondent


Advocates:
R.SATISH

JUDGMENT

S.C. AGRAWAL, J.

(1) THE question for consideration in this appeal relates to the genuineness of a will said to be executed by one Ganga Singh whereby he bequeathed all his property to his distant cousin, Atma Singh, respondent 1, the grandson of the brother of the grandfather of Ganga Singh. Ganga Singh had a brother Ranga Singh and a sister Banti. Both, Ranga Singh and Banti had died during the life time of Ganga Singh. Smt Guro, the appellant herein, is the daughter of Banti. At the time of his death, on 10/10/1968, Ganga Singh was having one- third share in land measuring 148 kis. 11 mis. in village Dall, Tehsil Patti, District amritsar. On 2/10/1968, Ganga Singh is said to have executed the will in question whereby he bequeathed his entire property to respondent 1. After the death of Ganga Singh, proceedings regarding mutation of the lands in his share were initiated and in those proceedings respondent I sought mutation in his favour on the basis of the will. The appellant sought mutation as the nearest heir, being daughter of Ganga Singhs sister. The Assistant Collector, I Grade, Patti sanctioned the mutation in favour of the appellant and did no














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