The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.

JUDGMENT

Mr. Vikram Aggarwal, J.

This is defendants appeal against the judgment and decree dated 31.08.2022 passed by the Additional District Judge, Sangrur vide which the appeal filed by the respondents No. 1 and 2-plaintiffs was allowed, judgment and decree dated 06.03.2020 passed by the Civil Judge (Junior Division), Malerkotla was set aside and the suit filed by respondents No. 1 and 2-plaintiffs was decreed. The parties shall be referred as per their original status in the suit.

2. The dispute revolves around the land owned by one Sarabjit Singh (1/4th share out of land measuring 49 bighas 16 biswas and 17/23 share out of land measuring 46 bighas 2 biswas) (fully described in the plaint) situated in the revenue estate of Village Daman Mehli, Tehsil Malerkotla, District Sangrur (hereinafter referred to as 'the disputed land'). Sarabjit Singh was married to Harpal Kaur. From the wedlock, there was one son namely Gurvir Singh. Mohinder Kaur was the mother of Sarabjit Singh and he had one sister namely Harwinder Kaur. Sarabjit Singh expired on 11.05.2014. It is after his death that a dispute, as it normally does, though unfortunate, arose between his wife and son on one side and his mother and sister on the other. His widow Harpal Kaur and son Gurvir Singh (hereinafter referred to as 'the plaintiffs') instituted a suit for declaration that they were joint owners in possession of land to the extent of 1/4th share out of the disputed land on the basis of unregistered Will dated 05.04.2014 executed by Sarabjit Singh in favour of the plaintiffs and that, in accordance with the Will, they were entitled to get mutation of the disputed land sanctioned in their favour. Mutation of inheritance No.2658 dated 23.08.2014 was also challenged as per which, the disputed land had devolved upon the plaintiffs and the mother of Sarabjit Singh namely Mohinder Kaur in equal shares. Challenge was also laid to transfer deed No. 1652 dated 26.09.2014 executed by Mohinder Kaur in favour of her daughter Harwinder Kaur with regard to the disputed land as also some other land. Another mutation No.2679 dated 29.09.2014 sanctioned in favour of Harwinder Kaur in pursuance to these transfer deeds was also challenged. Permanent injunction restraining Mohinder Kaur and Harwinder Kaur (hereinafter referred to as 'the defendants') from selling, mortgaging, exchanging or alienating the disputed land was also sought. Apart from the defendants, State Bank of India, Malerkotla Branch and State Bank of India, Village Manvi Branch were also impleaded as defendants since some loan had been obtained by Sarabjit Singh from these banks.

2.1 The case set up by the plaintiffs was that Sarabjit Singh had expired on 11.05.2014 and prior to that he had executed a Will dated 05.04.2014 in favour of the plaintiffs with regard to his entire movable and immovable property. In view of the same, after his death, his entire movable and immovable property was to be inherited by the plaintiffs. However, the mother of Sarabjit Singh namely Mohinder Kaur, in connivance with the revenue authorities got mutation of inheritance sanctioned in her favour with regard to the disputed land on the basis of natural succession by concealing the Will dated 05.04.2014. Subsequent to the sanctioning of the mutation, Mohinder Kaur transferred the disputed land in favour of Harwinder Kaur and further another mutation dated 29.09.2014 was sanctioned in favour of Harwinder Kaur.

3. The suit was opposed by the defendants. They denied the execution of the Will dated 05.04.2014 and termed it to be a forged and fabricated document. They defended the