JUDGMENT

Anil Kshetarpal, J. - Plaintiff-appellant is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below, dismissing the suit filed by him for declaration that the residential property is a Joint Hindu Family Coparcenary Property and therefore, he has share in the same by birth, consequently the Will executed by his father bequeathing the property in favour of his wife (mother of the plaintiff) dated 08.03.1976 is illegal and not binding on the rights of the plaintiff.

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

(i) Whether after division of the property and plaintiff having got his share, the Joint Hindu Family Coparcenary still continues and whether the plaintiff can select one property and claim the same to be Joint Hindu Family Coparcenary while remaining has already been either sold or distributed amongst the family members?

(ii) Whether a particular form of attestation of the registered Will is required and it is mandatory that the testator must sign first of all even in a situation when all the witnesses and the testator are present at one point of time?

3. Gurdas S