JUDGMENT

Anil Kshetarpal, J.

The correctness of findings of fact arrived at by the courts below is being challenged by defendant no.1 in this appeal. After having heard the learned counsel representing the parties, the following questions of law arise for adjudication:-

(a) Whether a Will, that establishes a life estate/ interest in favour of the testator's wife in the first instance and upon her demise bequeath the property absolutely in favour of the testator's son is enforceable and valid with respect to the testator's son?

(b) Whether the propounder of the Will is required to provide evidence that the testator was of sound mind and capable of making rational decisions at the time of execution of the Will, even in the absence of any allegations challenging the testator's mental state at that time?

2. In order to comprehend the relationship between the parties involved in the legal dispute, a family tree is created as follows:-

Puran Chand

Trilok Nath Grover

(son)

Kailashwati

Grover

(widow of

Triloknath

Grover)

Jagdish

Mitter Grover

(son)

(Plaintiff No.1)

Prem Lata

Grover

(widow)

(Plaintiff No. (I)

/Respondent No.1)

Dr. Alka Grover

(daughter-plaintiff

Ni.(II)/Respondent)

Mrs. Phalkit Bhatia

(daughter-Plaintiff

No.III/Respondent)

Sar Mitter

Grover (son)

(Defendant No.2-

ex-parte

Sudesh Khanna

(daughter)

(Defendant No.3-

ex-parte

Swatantar

Vij (daughter)

(Defendant No.4-

ex-parte

Saroj

Chopra

Defendant No.5/

ex-parte

Dinesh

Kumar

Grover

(Defendant no.1

/ Appellant)

3. Sh.Jagdish Mitter Grover (the plaintiff) filed a suit for possession of 1/6th share in H.No.3050 Sector 19-D, Chandigarh with further declaration that he is entitled to 1/6th share in the immovable property left behind by late Sh.Trilok Nath Grover and his wife Kailash Wati Grover with rendition of accounts in respect of all movable properties including the cash, ornaments, bank deposits etc. left by them. The plaintiff's claim here is based on the principles of natural succession whereas defendant no.1(appellant herein) claims the exclusive right over the properties on the basis of the registered will dated 11.12.1982 executed by the testator-Sh.Trilok Nath Grover. While filing the said suit the plaintiff has claimed that late Sh.Puran Chand was a businessman in the Mandi Bhaodeen Sodhra Pakistan having his own house, shops etc. In the year 1947, Late Sh.Puran Chand died in Pakistan. In year 1933 Late Sh.Trilok Nath Grover was married to Smt. Kailash Wati and she had no brother. Consequently, the property of her father late Sh.Vaishno Dass was also inherited by her. After partition of both the countries, Sh.Trilok Nath Grover alongwith his family migrated to India and the rehabilitation Department in the year 1958 awarded the claim of the property left by late Sh.Trilok Nath Grover in Pakistan. Out of the compensation received from the Rehabilitation Department, Sh.Trilok Nath Grover bought 1 kanal residential plot no. 3050, Sector 19-D, Chandigarh. The plaintiff being the eldest child joined service with the State of Punjab and started contributing to the family income to meet the expenses of the large family apart from contributing towards the construction of the said house. Sh.Trilok Nath Grover died on 28.03.2001 after a prolonged illness whereas late Smt. Kailash Wati Grover died on 03.11.2005. Sh.Trilok Nath Grover was not competent to execute any Will as the property was ancestral property and therefore, the Will is not enforceable. He was also not competent to bequeath the property only in favour of defendant no.1. Smt. Kailash Wati Grover became the absolute owner of the property in view of the provision