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2018 Supreme(P&H) 1504

ANIL KSHETARPAL
Bhupinder Singh – Appellant
Versus
Sarabjit Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjeev Pandit, Advocate and Ms. Rimjhim Mahajan, Advocate.
For the Respondent:Mr. R.S. Chauhan, Advocate.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Defendant No.1-appellant is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below.

2. In the considered opinion of this Court, the following substantial question of law arises for determination by this Court:-

1. Whether a registered testamentary document bearing photograph of the testator can be ignored by the Courts on the alleged suspicious circumstances which have no foundation/basis?

3. The dispute in the present case is with regard to the estate of Late Sh. Sohan Singh who died on 10.09.2004. Sohan Singh before his death, executed a registered testamentary document (Will) on 27.08.2004 which was got registered on 02.09.2004. The testamentary document has been read-over by the learned counsel for the parties, wherein he refers to all the family members and record that to one of his son, he has given enough cash and second son has been disinherited. The entire property has been bequeathed in favour of one son. The testator has also written in the testamentary document that he has married all his three daughters and given them at the time of the marriage.

4. Learned Courts below have ignored the testa























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