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2020 Supreme(P&H) 736

RAJ MOHAN SINGH
Rajkumari Amrit Kaur – Appellant
Versus
Maharani Deepinder Kaur – Respondent


Advocates Appeared:
Manjit Singh Khaira, Advocate, Balbir Singh Sewak, Advocate, Dharminder Singh Randhawa, Advocate, Ripudaman Singh Sidhu, Advocate, Gagandeep Singh Mann, Advocate, Ashok Aggarwal, Advocate, Mukul Aggarwal, Advocate, N.S. Wahniwal, Advocate, Vivek Bhandari, Advocate, Arun Jain, Advocate, Amit Jain, Advocate

Judgement Key Points

No, the judgment does not convey that ancestral property cannot be alienated by will.

The core holding invalidates the Will dated 01.06.1982 primarily due to suspicious circumstances surrounding its execution, such as inconsistencies in witness testimony, registration anomalies, handwriting discrepancies, and lack of proof dispelling doubts by the propounders (!) (!) (!) (!) (!) . The trial court explicitly framed and analyzed Issue No.4 (whether properties are ancestral and Raja had no right to alienate) but did not base the invalidity on ancestral character; instead, it focused on Will's genuineness (!) (!) (!) . The High Court upheld this, emphasizing fraud/fabrication and procedural flaws, without affirming a general bar on alienating ancestral property via will (!) (!) .

Plaintiff's pleadings alleged ancestral status barred alienation (!) (!) (!) , but courts decreed based on Hindu Succession Act inheritance post-Will invalidation, granting joint possession without ruling ancestral property inherently inalienable by will (!) (!) . Properties were treated as private post-Covenant, devolving per personal law (!) (!) (!) . No explicit principle states ancestral property cannot be willed away; relief flows from Will's forgery, not property nature (!) .


JUDGMENT

Raj Mohan Singh, J. - Vide this common judgment RSA Nos.2006, 1418 and 2176 of 2018 (O&M) are being decided. Since the dispute relates to the succession of Late Maharaja Colonel Sir Harinder Singh Brar Bans Bahadur KCIS Ex.-Ruler of former Faridkot State, therefore, for the sake of brevity common facts are being noticed.

    Facts

    2. Late Maharaja Colonel Sir Harinder Singh Brar was the last ruler of the former Faridkot State. He was born on 29.01.1915 and was the eldest son of Maharaja H.S. Farjand-iSaddat-Nishan Hazrat-i-Kesar-i-Hind Maharaja Brij Inder Singh Brar Bans Bahadur Raja of Faridkot. Raja Harinder Singh Brar died on 16.10.1989. His only son Tikka Harmohinder Singh died on 13.10.1981. Raja Harinder Singh Brar was survived by three daughters namely Rajkumari Amrit Kaur, Rajkumari Deepinder Kaur and Rajkumari Mahipinder Kaur. Father of Raja Harinder Singh Brar i.e. Maharaja Brij Inder Singh died in the year 1918. He was survived by his widow Maharani Mohinder Kaur, Raja Harinder Singh Brar and Kanwar Manjit Inder Singh. Raja Harinder Singh Brar succeeded by his three daughters as his son Tikka Harmohinder Singh had died earlier to his death. Kanwar Manjit Inder Singh


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