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2002 Supreme(P&H) 806

SATISH KUMAR MITTAL
Sohan Singh – Appellant
Versus
Gurmej Singh – Respondent


Advocates Appeared:
For the Petitioner:M.S. Khaira, Senior Advocate with Mukesh Gandhi, Advocate.
For the Respondents: None.

JUDGMENT

Satish Kumar Mittal, J. - On the death of one Bhan Singh, who was issueless, the question of inheritance of his estate arose, two claims were raised, one by plaintiffs (appellants herein), who are sons of Bishan Singh, brother of deceased Bhan Singh, who claimed the entire property of Bhan Singh on the basis of gift deeds dated 16.4.1964, Ex.P1 and Ex.P2, and the second claim was made by the defendants (respondents herein), who are sons of other two brothers of Bhan Singh, on the basis of a registered will dated 1.3.1973, Ex. D3, vide which Bhan Singh bequeathed his property by giving 1/3rd share to the plaintiffs-appellants and 2/3rd share to the defendants-respondents. The mutation of inheritance of Bhan Singh was initially sanctioned by the Assistant Collector 1st Grade, Taran Taran in favour of the plaintiffs- appellants on the basis of alleged gift deeds vide his order dated 11.2.1972 but the said order was set aside in appeal by the Collector, Amritsar, vide his order dated 29.8.1972 and mutation was sanctioned in favour of the contesting defendants-respondents as well as plaintiffs-appellants on the basis of aforesaid registered Will dated 1.3.1973. The claim of the



















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