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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Baj Singh And Ors. - Appellant
Versus
Nikko @ Jasvir Kaur - Respondent
RSA No. 924 of 2008 (O&M)
Decided On : 31-08-2021
ORDER - Will - Indian Succession Act, 1925, Indian Evidence Act, 1872 - The court adjudicated on the appropriateness of permitting devolution by natural succession disregarding a duly proved Will and the sufficiency of recital and signatures in registered gift deeds to prove acceptance of the gift.
Fact of the Case:
The suit involved a dispute over the property left by late Sh. Munshi Singh. The plaintiff claimed joint ownership with defendant No.1, alleging that the Will and gift deeds in favor of the defendants were forged. The trial court dismissed the suit, finding the Will and gift deeds to be valid. The First Appellate Court reversed the decision, citing suspicious circumstances surrounding the Will and gift deeds.
Finding of the Court:
The court found that the Will and gift deeds were valid and the plaintiff had no right to the property. The court held that the reasons for not bequeathing the property to the plaintiff were not necessary, and the execution of the gift deeds was justified. The court also rejected the suspicions raised by the First Appellate Court, reinstating the trial court's decision.
Issues: The issues included the validity of the Will and gift deeds, the sufficiency of evidence to prove acceptance of the gift, and the suspicious circumstances surrounding the documents.
Ratio Decidendi: The court held that the absence of specific reasons for not bequeathing the property to the plaintiff did not invalidate the Will. It also emphasized that the gift deeds were valid and the suspicions raised lacked sufficient evidence. The court reaffirmed the principles of proving acceptance of a gift without the need for physical delivery of possession.
Final Decision: The appeal was allowed, and the judgment and decree of the trial court were restored.
ORDER
Anil Kshetarpal, J.
The appellants (defendants in the suit) assail the correctness of the judgment and decree passed by the learned First Appellate Court on 03.03.2008 while reversing the judgment and decree passed by the trial Court. The trial Court had dismissed the suit filed by the plaintiff (respondent) whereas the learned First Appellate Court has decreed the suit.
In the considered view of this Court, the following issues require adjudication:-
1. Whether it is appropriate for a Court to permit a party to press devolution by natural succession; disregarding the Will which is duly proved and established, merely on the basis of suspicious circumstances, in the absence of any such pleadings and consequential failure to lead evidence to prove this assertion?
2. Whether a recital with respect to the delivery of possession in the registered gift deeds along with the signatures/thumb impressions of the donor and the donee are sufficient to prove acceptance of the gift?
FACTS
It would be appropriate to draw a genealogical tree of the family to understand inter se relationship.
2. The parties shall be referred to by their status/name in the civil suit. Nikko @ Jasvir Kaur (the daughter of Smt. Bhagwan Kaur) wife of Joginder Singh filed a suit claiming a decree of declaration to the effect that the plaintiff and defendant No.1 are joint owners in possession to equal extent in the property left behind by late Sh. Munshi Singh (who died on 23.06.1999). Late Sh. Munshi Singh was the maternal uncle of Smt. Nikko(the plaintiff) and Baj Singh (defendant No.1). Defendant No.2 to 4 are the children of Baj Singh. The plaintiff claims that Baj Singh has forged and fabricated a Will (dated 13.08.1998) of late Sh. Munshi Singh in order to deprive her of the property. It has further been asserted that three gift deeds executed by Munshi Singh in favour of defendants No.2 to 4, are also forged and fabricated. While contesting the suit, the defendants assertef that late Sh. Munshi Singh did not had any brother or sister living at the time of his death and he being issueless widower started living with the family of Baj Singh. (His nephew being his pre-deceased sister's son). Sh. Munshi Singh, during his life time, executed a registered Will dated 13.08.1998 in favour of defendant No.1 bequeathing his entire estate in the villages of Dod and Bharhouli Bhan. Late Sh. Munshi Singh also gifted some part of the bequeathed property in favour of the three sons of Baj Singh through three separate registered gift deeds. Thus, it was claimed that the plaintiff has no right, title or interest in the property left behind by Munshi Singh. The plaintiff filed a replication by reiterating the assertions made in the plaint. Learned trial Court, on analyzing the pleadings, framed the following issues:-
1. Whether the plaintiff and defendant no.1 are owners in joint possession in equal shares of suit land has legal heirs of Munshi Singh deceased? OPP
2. Whether Munshi Singh has executed registered Will on dated 13.8.98 in favour of defendant no. 1?OPD
3. Whether the Will dated 13.8.98 executed by Munshi Singh is a forged and fabricated document? IPP
4. Whether the gift deeds dated 25.05.99 executed by Munshi Singh in favour of defendants no.2 to 4 are false and fabricated documents? OPP
5. Whether the mutation no.701 dated 27.10.98 in favour of Munshi Singh is illegal, null and void? OPP
6. Whether the suit is not maintainable in the present form? OPD
7. Whether the suit has not been properly valued for the purpose of court fee and jurisdiction? OPD
8. Whether the plaintiff has no cause of action? OPD
9. Relief.
3. In order to prove her case, the plaintiff appeared as PW1. Apart therefrom, she examined PW2 Iqbal Singh, PW3 Farjand, PW4 Joginder Singh, PW5 Harbans Singh. On the other hand, defendants examined DW1 Ashok Kumar (scribe of the Will), DW2 Vikas Jindal, Clerk, District Election Office, DW3 Surjit Singh, attesting witness of the Will, DW 4 Baj Singh (defendant No.
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