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SUDEEPTI SHARMA
Mohinder Singh – Appellant
Versus
Jagir Singh – Respondent
JUDGMENT
Sudeepti Sharma, J. (Oral)
The appellant filed a suit for declaration to the effect that he is the owner in possession of the land measuring 40 Kanal 10 Marla being ½ th share out of the land measuring 81 Kanal comprised of Khewat No. 351/337 Khatauni No. 918 Rect. No. 28 Killa No. 5 (8-0) 12/2 (7-0) 17(8- 0) 18/1(5-4), Khatauni No.919, Rect. No. 28 Killa No. 3/2 (4-12) 4(8-0) Khatauni No. 920 Rect No. 20 Killa No. 7(8-0) 8(8-0) 9(76-19), 10/1(0-5) 14(8-0) Khatauni No.921 Rect. No.28 Killa No.13 (8-0) situated at village Toot, Tehsil and District Ferozepur on the basis of Will dated 12.10.1984 exeucted by Bhagwan Kaur widow of Ganga Singh.
2. In the suit, the appellant alleged that the suit land measuring 81 Kanal as detailed in the head note of the plaint was owned by one Bhagwan Kaur widow of Ganga Singh. Bhagwan Kaur had been residing with the appellant and the appellant is the real nephew of Bhagwan Kaur. The said Bhagwan Kaur has since expired and the appellant during her life time had been serving Bhagwan Kaur and she has got great love and affection towards the appellant due to the services rendered by the appellant to Bhagwan Kaur during her life time. She executed l
The court affirmed that the burden of proof lies with the claimant to establish the validity of a Will, which was not met by the appellant in this case.
The validity of a will is undermined when it is executed under suspicious circumstances, necessitating the propounder to dispel these doubts for the document to be accepted legally.
The court affirmed that notarized documents from abroad are presumed truthful, allowing foreign nationals to inherit under the Hindu Succession Act if supported by valid evidence.
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
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