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2022 Supreme(P&H) 999

ANIL KSHETARPAL
Amritpal Kaur – Appellant
Versus
Mohinder Kaur – Respondent


Advocates:
Mr. Vikram Bajaj, for the Appellant; Mr. Harkesh Manuja, Advocate, Mr. L.S.Sidhu, Advocate, Mr. Rohit Sud, Advocate, for the Respondent.

JUDGMENT

Anil Kshetarpal, J. - Questioning the correctness of judgment and decree passed by the learned First Appellate Court, the plaintiff has filed the present appeal.

In the considered view of the Court the following issues arise for consideration:-

Issue No.1:- Whether a certified copy issued by the Registrar in accordance with Section 57 of the Registration Act, 1908 (hereinafter referred to as "the 1908 Act") with respect to a registered Will is admissible in evidence, particularly when the record from the Sub-Registrar has been produced in order to verify the correctness of the certified copy?

Issue No.2:- Whether the suit claiming succession can be filed at any point of time particularly when the revenue authorities have already changed the entries (mutation) in favour of the other heirs of the deceased?

Issue No.3:- Whether two widows left behind by a male would inherit the property to the extent of one share jointly or will they inherit one share each?

2. A pedigree table would facilitate the Court to understand inter se relationship between the parties:-

3. It is evident from the perusal of the pedigree table that Avtar Singh left behind two widows namely late Smt. Ranjit Kaur

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