The main legal point established in the judgment is the validity of a registered Will under the Indian Succession Act, 1925, and the burden of proof on the party claiming the validity of the Will.

Darshan Singh, J.

The present appeal has been preferred against the judgment and decree dated 08.12.2015 passed by learned Additional District Judge, Ludhiana, vide which the appeal filed by the appellants-plaintiffs against the judgment and decree dated 27.05.2015 passed by the learned Civil Judge (Sr. Division), Ludhiana, has been dismissed.

2. For the sake of convenience, the status of the parties is being mentioned as in the original suit.

3. The appellants-plaintiffs have filed the suit for declaration that they are joint owners in possession of the suit land as detailed and described in the head note of the plaint situated in villages Ballowal and Chaminda, Tehsil and District Ludhiana and the Will dated 21.11.2005 alleged to be executed by deceased Amar Singh in favour of defendant no.1 is illegal, null and void, fabricated is liable to be set aside and is not binding on the rights of the plaintiffs. Plaintiffs have also challenged the order dated 31.03.2009 passed by the Collector, Ludhiana in Revenue Appeal No. 72/2006-07 in mutation no. 2985. In consequential relief, they have sought the relief of permanent injunction restraining the defendants from alienating the suit property in any manner.

4. As per the averments in the plaint, the father of the plaintiffs and defendants namely Amar singh was the owner in possession of the suit land. He died on 22.01.2007 leaving behind the plaintiffs and defendants as his legal heirs. He never executed the Will dated 21.11.2005. Defendant no.1 in connivance with witnesses has forged and fabricated the Will dated 21.11.2005 with malafide intention to deprive the rights of the plaintiffs over the suit property. The same is illegal, null and void, malafide, fabricated one and the result of fraud. After the death of Amar Singh, defendant no.1 got entered the mutation in her favour on the basis of the alleged Will. When the plaintiffs gained the knowledge of entering the mutation, they approached the revenue officials and objected the same. The Assistant Collector Ist Grade sanctioned the mutation on 03.08.2007 in favour of the plaintiffs and defendants on the basis of natural succession and it was held that Will was not genuine document. Defendant no.1 preferred the appeal, the same was decided by the Collector, Ludhiana vide impugned order dated 30.03.2009 in favour of the defendant on the basis of the impugned Will. The said order passed by the Collector is illegal, contrary to law and is liable to be set aside. Hence, the suit.

5. Defendant no.1 contested the suit on the grounds inter alia that Amar Singh, the father of the defendant had no son. The answering defendants after her marriage started residing with him at village Chaminda and use to serve him. He was alone and needed help in the old age. Answering defendant left her in-laws house and started residing with Amar Singh along with her family i.e. her husband Harjit Singh, two children while other daughters of Amar Singh were residing with their inlaws. Answering defendant and her family rendered services to Amar Singh. He was pleased with their services and out of love and affection executed the legal and valid registered Will dated 21.11.2005 in favour of the defendant vide which he bequeathed his property in favour of the defendant. The said Will was executed by him in sound disposing mind and without any influence. It was further pleaded that the mutation no. 2985 has been rightly sanctioned in her favour on the basis of the Will. It was further pleaded that the answering defendant is owner in possession of the suit property on the basis of the Will executed by Amar Singh. The plaintiffs and defendant no.2 had got no right, title or interest in the suit property.

6. Defendant no.1 also filed the counter claim against the plaintiffs and defendant no.2 seeking declaration that she has become the owner in possession of the entire property left by Amar Singh on the basis of the Will dated 21.11.2005 executed by Amar Singh