1. The substantial question of law involved in this appeal is that "In case a Testator bequeaths his property jointly to two lineal descendants by way of a Will and if one of the legatees dies during the lifetime of the testator, whether the bequeathed property would be taken away by other surviving legatee in terms of Section 106 of the Indian Succession Act, 1925 , (in short, the Act) or if the legatee dies during the lifetime of the testator leaving behind his mother as Class-I heir and has no lineal descendant, should the mother take the share of that legatee in view of Section 109 of the Act and whether mother is a lineal descendant".

2. The facts first :

The appellant is the mother-in-law of respondent Bhupinder Kaur. Kartar Singh (since deceased) had two sons called Ujjagar Singh and Saudagar Singh. Ujjagar Singh had a wife Surjit Kaur and two sons Harinder Singh and Avtar Singh. Harinder Singh had a wife Bhupinder Kaur and a minor son Amritpal Singh, whereas Avtar Singh was Bachelor and issueless.

The pedigree table is as under :

cairph01.htm

3. Bhupinder Kaur filed the present suit for joint possession against Surjit Kaur alleging that the plaintiff is the widow of