The main legal point established in the judgment is the careful examination of evidence to determine the validity of conflicting wills and the absence of suspicious circumstances, in accordance with the Indian Succession Act, 1925, Section 63.

Hemant Gupta, J.

1. The present appeal under Clause X of the Letters Patent is against the judgment dated 15.2.1989 passed by learned Single Judge of this Court, dismissing the appeal filed by the appellants against the order passed by the learned Addl. District Judge, Chandigarh on 28.5.1988.

2. The dispute in the present appeal is regarding estate of one Hardial Singh Sekhon, who died on 8.6.1986, leaving behind is mother Kartar Kaur appellant No. 1, wife Gurdip Kaur Sekhon-respondent No. 1, son Lajeshwar Singh- respondent No. 2 and daughter Taranjot Kaur-respondent No. 3, as the Class-I heirs. The wife, son and the daughter have sought probate in respect of Will dated 21.5.1986 (Ex.P-2), alleged to have been executed by the deceased, attested by Shri Mohinder Singh, PCS (Retd.) and Manmohan Singh, DPI, UT- Chandigarh. Reliance was also placed on a Codicil dated 8.6.1986 (Ex.P-1) making slight amendments in the terms of the Will, attested by Dr. S.KAggarwal, MRCP and one Lal Singh, (Retd.) Joint Director, Food and Supplies, Punjab. As per the said Will and the Codicil, the mother was given income from the agricultural land situated at Villages Wadala and Daud, District Amritsar, for her life-time, besides the amount of insurance policy taken up by the deceased in the name of his mother. All self acquired immovable property and his share of the HUF property, the amount of insurance policy in which nominee was his daughter, entire money in banks and all other moveable property such as cash, scooter, telephone owned or possessed, were bequeathed to his daughter. All benefits, which were to accrue to the deceased from the Government, the same were bequeathed in favour of his wife Gurdeep Kaur. It may be noticed that the deceased was posted as Inspector General of Police, an IPS Officer, allocated to Punjab, whereas the wife is a member of Indian Administrative Services, Punjab Cadre. The son was said to be brilliant in studies having obtained 97% marks in Matriculation and eligible for scholarship of US $ 2000 per month for his studies abroad and Rs. 2000/- per month in India upto Dectorate Level. His admission to prestigious College/University was assured and a glorious future financial as well as otherwise awaited him, His son was likely to settle abroad after completion of his education and not considered worthwhile by the deceased to settle properties in general and immovable properties in particular on his son. The Will was entrusted to his old friend Mr. Ved Bassi with the direction that he shall pass on the Will to his wife after his death. Wife was appointed as executrix of the Will. By virtue of the Cordicil, the various retirement benefits falling to the share of his wife were required to be utilized by her for the benefit of his son Lajeshwar Singh, till the age of 21 years.

3. On the other hand, Kartar Singh and Iqbal Singh Sekhon, brother of the deceased, contested the claim of grant of probate on the basis of Will dated 21.5.1986 and instead propounded Will dated 10.2.1986 allegedly executed by the deceased in favour of Kartar Kaur his mother drafted by Mr. Kailash Sameul, an Advocate of Amritsar and attested by Iqbal Singh Sekhon, bequeathing half share of all moveable and immoveable properties to Smt. Kartar Kaur except House No. 215, Sector 16, Chandigarh, of which Kartar Kaur is the exclusive owner. The remaining half share was bequeathed to Taranjot Kaur, minor daughter of the deceased.

4. The learned trial Court allowed the petition after discussing the voluminous evidence led by the parties, holding that the deceased has executed Will (Ex.P-2) in the presence of each of the witnesses namely Manmohan Singh (PW-4) and Mohinder Singh (PW-5). The said Will was executed after reading and understanding the contents of the Will and the deceased put his signatures on the Will in the presence of each of the witnesses. Manmohan Singh (PW-4) is a retired DPI of Schools and known to the deceased since ch