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IN THE HIGH COURT OF PUNJAB AND HARYANA
Raj Mohan Singh, J.
Rajkumari Amrit Kaur - Appellant
Versus
Maharani Deepinder Kaur And Others - Respondent
Regular Second Appeal No. 2006 of 2018, 1418 of 2018, 2176 of 2018
Decided On : 01-06-2020
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 was succeeded by Tikka Bharat Inder Singh, Rajkumari Devinder Kaur and thereafter Rajkumari Heminder Kaur. Wife of Raja Harinder Singh Brar had died during his life time, however she was alive on 01.06.1982 i.e. the date on which Raja Harinder Singh Brar is purported to have executed the alleged Will. Raja Harinder Singh Brar died on 16.10.1989 in Batra Hospital at Delhi. His dead body was brought to Faridkot and was cremated on 17.10.1989 with royal family traditions in Shahi Samadhan.
3. On 20.10.1989, Board of Trustees and Executors assembled in the Palace known as Moti Mahal Qila Mubarik, Faridkot, where Sardar Umrao Singh Dhaliwal read over the contents of Will in the presence of Board of Trustees and Executors. Under the aforesaid Will, all the concerned persons are alleged to have occupied the position with which they were invested under the said Will. They passed resolution No.1 dated 20.10.1989. Board of Trustees alleged to have taken possession, control and management of the entire estate of deceased Raja Harinder Singh Brar with the assent of the Executors. The properties located in various revenue estates were mutated in the name of the Trust and the urban properties were also transferred in the name of the Trust.
4. Last rites of Raja Harinder Singh Brar were performed on 26.10.1989 in Qila Mubarik, Faridkot, where Sardar Karnail Singh Doad proclaimed in the huge gathering that late Raja Harinder Singh Brar had executed a registered Will dated 01.06.1982, thereby bequeathing his entire properties in favour of Trust known as Maharwal Khewaji Trust with definite Board of Trustees for the benefit of public at large.
5. On 14.10.1992, Rajkumari Amrit Kaur filed a suit for declaration that she is owner of 1/3rd share in the property as shown in the headnote of the plaint along with consequential relief of joint possession with defendants No.1 and 2. She further sought relief of injunction restraining the defendants from alienating the suit property by way of mortgage and exchange etc. At a subsequent stage, she also challenged the Will by way of amendment and in alternative prayer, claimed ownership of entire estate left by the deceased Raja Harinder Singh Brar on the basis of The Raja of Faridkot's Estate Act, 1948. The second suit was filed by Kanwar Manjit Inder Singh through LRs seeking inheritance of entire estate of deceased Raja Harinder Singh on the basis of Rule of Primogeniture, besides challenging the Will dated 01.06.1982 being null and void. Both the suits were ordered to be consolidated and evidence was led in Civil Suit No.473/1992 titled 'Rajkumari Amrit Kaur vs. Maharani Deepinder Kaur and others'.
6. In the civil suit filed by Rajkumari Amrit Kaur, the plaintiff has pleaded that Raja Harinder Singh Brar son of Brij Inder Sin
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