The present reference to the Full Bench arises out of a suit for declaration filed by the plaintiff to the effect that certain alienations made by Mst. Ram Piari in favour of the appellant, Ajab Singh, be set aside. The Court below decreed the suit of the plaintiff respondent No. 1 and the defendants have appealed from the decree of the Additional District Judge, Jammu. The appeal was heard by a Division Bench of this Court. As the case involved interpretation of Ss. 12 and 13 of the Jammu and Kashmir Hindu Succession Act, 1956, the case has been referred to us. The Division Bench has not formulated the points for reference and it is, therefore, necessary to formulate the points which we have been called upon to decide in this reference.

(2) The point that arises for decision in this reference may be formulated as follows:

"Whether the present suit is maintainable in view of section 12(2) and S. 13 of the Jammu and Kashmir Hindu Succession Act, 1956?"

(3) Briefly put the facts of the present case are as follows:

(4) The property originally belonged to one Natha Singh who executed a will in favour of Ram Piari on 19th Jeth 1994 under which he bequeathed his