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 rights of the plaintiff;

(iii) Mutation No.3098 of the inheritance of Balbir Kaur wife of Joginder Singh entered in favour of Anand Pal Singh defendant No.1 is illegal, null and void;

(iv) The plaintiff is entitled to 1/2 share in the entire estate of Joginder Singh and defendant No.1 is also entitled to 1/2 share and the other defendant-respondents have got no right, title or claim in the estate left by Joginder Singh; and

(v) Defendants No.1, 2 and 5 be restrained from transferring by way of sale, gift, mortgage, lease or in any manner any part of the suit land.

2. The pedigree table given below will help in understanding the relationship of the parties:-

Tej Kaur(wife) ------------------ Joginder Singh -------------------- Balbir Kaur(wife)

(defendant No.2) (died in 1991) (died in 1997)

(died during pendency of the case)

------------------------------------------------------ ------------------------

Anandpal Singh Baljinder Surinder Harinderpal Singh

(defendant No.1) Kaur Kaur

(deft No.3) (deft No.4) Samarvir Kaur

(plaintiff)

3. The case of the appellant-plaintiff, in brief, is that the suit land situated at village Dugal Kalan and Deogarh was joint Hindu family ancestral and coparcenary property in the hands of Joginder Singh, which was inherited after the death of Joginder Singh by Harinderpal Singh and Anandpal Singh, his sons in equal shares. Mutation No.2625 was sanctioned by Assistant Collector 1st Grade, Samana with regard to the land situated at village Dugal Kalan, to the extent of 3/5 share in favour of Anandpal Singh, Balbir Kaur and Tej Kaur to the extent of 1/5th share and plaintiff to the extent of 1/5th share. Anandpal Singh also got sanctioned mutation No.1940 with regard to the entire estate of Joginder Singh in village Deogarh in his name, on the basis of his unregistered Will dated 24.04.1990 and further alienated the suit property situated at village Deogarh in favour of Sandeep Singh, respondent No.4-defendant No.5. The land situated at village Deogarh was mutated in favour of defendant No.5-respondent No.4 Sandeep Singh vide mutation No.1965. Anandpal Singh, defendant No.1 got sanctioned another mutation of the estate left by Balbir Kaur on the basis of her registered Will, which was also illegal, null and void.

4. In nutshell, the appellant-plaintiff claimed 1/2 share in the entire estate owned by Joginder Singh of village Dugal Kalan and Deogarh. Before filing this suit, appellant-plaintiff had filed another civil suit titled “Samarvir Kaur Vs. Anandpal Singh and others” (Civil Suit No.464 dated 17.05.1994), which was withdrawn with the permission to file fresh suit.

5. The respondents-defendants including Tej Kaur, since deceased, contested the plaintiff’s cl