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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Manjeet Singh – Appellant
Versus
Surinder Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the defendant-appellants challenging the judgment and decree dated 22.01.2015 passed by the Trial Court and judgment and decree dated 05.03.2019 passed by the First Appellate Court.
2. Brief facts relevant to the present lis are that the plaintiff- respondent filed a suit for declaration and permanent injunction averring therein that she is joint owner in possession to the extent of one-seventh share of land measuring 106 Kanals 8 Marlas, fully described in the plaint, as per the jamabandi for the year 1985-86 and that the mutation No.3014 dated 30.04.1996 sanctioned in favour of the defendant-appellants and subsequent revenue entries were illegal, null and void and not binding on the rights of the plaintiff-respondent. It was the case set up in the plaint that the plaintiff-respondent was married to Guljeet Singh @ Gurmeet Singh and there was no issue born out of the wedlock. Guljeet Singh died on 07.05.1988. During the lifetime of Guljeet Singh, he and his brothers, namely, Sucha Singh, Gurcharan Singh, his cousins, namely, Harbhajan Singh, Surjeet Singh, Baljeet Singh and Randhir Singh had purchased the suit land in
Validity of the executed will takes precedence over ancestral property claims in absence of sufficient proof.
The validity of the Will dated 23.10.2000 and the application of the principle of lis pendens in property disputes.
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.
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