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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Surjit Singh – Appellant
Versus
Jasdev Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present regular second appeal has been preferred by the plaintiff-appellant against the judgements and decrees dated 19.02.2016 and 11.08.2021 passed by the Trial Court and the First Appellate Court dismissing his suit for declaration and permanent injunction.
2. One Prem Singh son of Shivdan Singh had five sons and two daughters. The plaintiff-appellant is one of the sons of Prem Singh. The defendant-respondent Nos.1 and 2 are two other sons of Prem Singh, while defendant-respondent Nos.3 and 4 are the daughters of Prem Singh. The defendant-respondent Nos.5 to 10 are the LRs of two other sons of Prem Singh both of whom have expired. The suit was filed by the plaintiff-appellant seeking a declaration that he was entitled for 1/7 share from the estate of deceased Prem Singh in the suit land and that he is joint owner in joint possession to the extent of 1/42 share i.e. 1/7 share from 1/6 share of Prem Singh in the suit land being the son of Prem Singh and declaration to the effect that the suit land is ancestral, coparcenary and joint family property of the parties and the plaintiff-appellant has a share in it by birth and hence the defendant-respondents
Validity of the executed will takes precedence over ancestral property claims in absence of sufficient proof.
Exclusion of natural heirs is insufficient to invalidate a Will; the burden of proof lies on the appellant to demonstrate fraud or lack of testamentary capacity.
The validity of the Will dated 23.10.2000 and the application of the principle of lis pendens in property disputes.
The central legal point established in the judgment is the requirement for a convincing explanation of suspicious circumstances surrounding the making of a will, as emphasized in the case of Jaswant ....
The execution of a Will must be proved not only when the statutory requirements for proving the Will are satisfied but the Will is also found to be ordinarily free from suspicious circumstances.
The court upheld the validity of a consent decree, ruling that the deceased had the authority to alienate property as separate property, and the plaintiffs failed to prove fraud.
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