The central legal point established in the judgment is the determination of the validity of property documents and the rights of legal heirs under the Indian Succession Act, 1925, and the Administrators-General Act, 1963.

1. It will be convenient to dispose of CS(OS) No.1350/1995 titled Mrs. Gurnam Kaur v. Pritam Singh Bhatia & Ors. and Test Cas. No.81/2008 titled Administrator General v. State & Ors. together by this common judgment.

2. Initially, CS(OS) No.1350/1995 was filed by Mrs. Gurnam Kaur, widow of Late Sardar Sajjan Singh for declaration and cancellation of certain Sale Deeds, Will and General Power of Attorney on the ground that the same were forged.

3. It is the case of the Plaintiff that when these documents were purported to have been executed by deceased Sardar Sajjan Singh, he had already died on 18.04.1972. The relief claimed in the suit as per the prayer clause is extracted as under:-

“i. A decree of declaration be passed in favour of the Plaintiff and against the Defendants, declaring the Plaintiff to be the absolute owner and in possession of the property commonly known as D-1/21 and D-1/20, Rajouri Garden, New Delhi;

ii. A decree in favour of the Plaintiff and against Defendant No.1 for cancellation of the Sale Deed registered on 5.8.1991 as document No.4657 in Addl. Book No.1 Volume 5528 at pages 114 to 119. ANNEXURE ‘A’ pertaining to half undivided portion out of 373 sq. yds. of plot No.D-1/21, Rajouri Garden, New Delhi and the sale deed ANNEXURE ‘D’ pertaining to half undivided portion out of 458 sq. yds. of plot No.D-1/20, adjuding the above-said sale deeds as null and void and for directing Defendant No.1 for delivering up the sale deeds ANNEXURE ‘A’ and ANNEXURE ‘D’;

iii. A decree in favour of the Plaintiff and against Defendant No.2 for cancellation of the Sale Deed registered on 5.8.1991 as document No.4658 in Addl. Book No.1 Volume 5528 at pages 120 to 125. ANNEXURE ‘B’ pertaining to half undivided portion out of 373 sq. yds. of Plot No.D-1/21, Rajouri Garden, New Delhi and the sale deed ANNEXURE ‘C’ pertaining to half undivided portion out of 458 sq. yds. of Plot No.D-1/20, adjudging the above-said sale deeds as null and void and for directing Defendant No.2 for delivering up the said sale deeds ANNEXURE ‘B’ and ANNEXUE ‘C’;

iv. A decree in favour of the Plaintiff and against Defendants No. 6 to 8 for cancellation of the Sale Deeds registered on 6.4.1995, 19.4.1995 and 3.8.1995 and the Sale Deed awaiting registration for directing Defendants No.6 to 8 to deliver up the Sale Deeds annexed hereto as ANNEXURE F,G and H;

v. A decree against Defendant No.1 for cancellation of the forged and fraudulent General Power of Attorney dated 17.5.1990 adjudging it as null and void and for directing Defendant No.1 for delivering up the said General Power of Attorney;

vi. A decree against Defendants No. 3 & 4 for cancellation of the Will dated 5/4/1983 ANNEXURE 'E’ adjudging the same as null and void and for directing Defendants No.3 and 4 for delivering up of the said Will;

vii. A decree for permanent injunction restraining Defendants No.1 to 4 and 6 to 8 from alienating or constructing on the plot of land or any portion thereof situated at D-1/20 and D-1/21 Rajouri Garden, New Delhi by way of sale or mortgage or in any other manner either themselves or through their servants, agents assigns or attorneys or any other person;

viii. A decree for permanent injunction restraining Defendants No.1 to 4 and 6 to 8 from in any manner interfering with the peaceful possession of the Plaintiff on Plot No.D-1/20 and D-1/21, Rajouri Garden, New Delhi either themselves or through their servants, agents, assigns or attorneys or any other person.

ix. A mandatory injunction against Defendant No.5 for cancelling the mutation made by it in respect of plot No.D-1/21; and

x. A permanent injunction restraining as detailed in the Plaint Defendant No.5 from giving effect to the mutation made by it as detailed in the Plaint and from making any further mutations in the name of any person other than the Plaintiff in respect of the said plots bearing Nos. D-1/20 and D-1/21, Rajouri Garden, New Delhi.”

4. Succinctly put, the case of the Plaintiff is that som