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2015 Supreme(P&H) 249

SURINDER GUPTA
Samarvir Kaur @ Surinder Kaur – Appellant
Versus
Sumanjit Kaur – Respondent


Advocates:
For the Appellant (s):Mr. M.L. Sarin, Senior Advocate with Mr. Vijay Sharma, Advocate.
For the Respondent No.1:Mr. Sajiv Gupta, Advocate.

JUDGMENT

Mr. Surinder Gupta, J.:- Samarvir Kaur @ Surinder Kaur appellant-plaintiff filed suit for declaration challenging unregistered Will dated 24.04.1990 executed by Joginder Singh, father of her deceased husband Harinderpal Singh, in favour of Anandpal Singh his other son, Tej Kaur and Balbir Kaur wives and plaintiff Samarvir Kaur, bequeathing 3/5th share of his property to Anandpal Singh defendant No.1, 1/5th share to his wives Tej Kaur and Balbir Kaur in equal shares and 1/5th share to the appellant-plaintiff as illegal, result of fraud and null and void. Besides challenging the will she also sought the reliefs as follows:

(i) Mutation No.2625 dated 22.11.1993 in respect of the land of Village Dugal Kalan and mutation No.1940 relating to the land of village Deogarh owned by Joginder Singh sanctioned on the basis of unregistered Will, be declared illegal, null and void;

(ii) Sale deed No.1931 dated 20.01.1994 of the land situated at village Deogarh owned by Joginder Singh, executed by defendant No.1 Anand Pal Singh in favour of respondent no.4-defendant No.5 Sandeep Singh and the consequent mutation No.1965 be declared as illegal, inoperative, ineffective, null and void qua








































































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