SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2018 Supreme(P&H) 4684

ANIL KSHETARPAL
Satwant Singh – Appellant
Versus
Amar Kaur And Others – Respondent


Advocates Appeared:
Rakesh Chopra, Advocate, for the Appellant(In RSA No.3501 of 2003); Rakesh Chopra, Advocate, for the Respondent No.1 (In RSA No.5131 of 2003); S.S. Rangi, Advocate, for the Appellant(In RSA No.5131 of 2003); S.S. Rangi, Advocate, for the Respondent Nos.1 to 5 (In RSA No.3501 of 2003)

JUDGMENT

Anil Kshetarpal, J. - Arguments were heard. Judgment was reserved. The judgment is being released.

2. By this judgment, RSA Nos.3501 and 5131 of 2003 shall stand disposed of. Parties would be referred to by their name so as to avoid any error.

3. In the considered view of this Court, the following substantial questions of law arise for consideration:-

    1) Whether a Will which is registered is required to be superseded only by a registered Will/document?

    2) Whether a decree passed by the Court against a minor defendant is liable to be set aside on the ground that the trial Court failed to appoint a Court guardian even in a situation where the minor is represented by natural guardian and there is no material before the Court that his interest was not properly defended?

      4. Dispute in the present case is with respect to the estate of late Sh. Ram Singh who died on 14.09.1995. At the time of death, he left behind a widow, a daughter Amar Kaur (plaintiff No.1) and five grand children from a pre-deceased daughter Nasib Kaur as Class I heirs. Pedigree table is extracted as under:-

      5. Plaintiff-Amar Kaur and three grandsons of Ram Singh from predeceased daughter Nasib Kaur filed a su

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top