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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VINOD S. BHARDWAJ
Gian Chand – Appellant
Versus
Ram Dayal – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J. (Oral) -
Appellants-defendants have preferred the present Regular Second Appeal against the judgment and decree dated 22.05.1993 passed in Civil Appeal No. 169 of 1993 whereby the Additional District Judge, Faridabad, has set aside the judgment and decree dated 16.05.1991 passed by the Court of Sh. Ashok Bhardwaj, HCS, Sub Judge First Class, Palwal, passed in Civil Suit No.963 of 27.09.1985 dismissing the suit.
2. Briefly summarized, the facts of the present case are that respondent-plaintiff had filed a suit for declaration and for possession as a consequential relief averring that Sh. Lohari son of Jugla son of Bhawani resident of Village Baghola was earlier owner in possession of the suit properties. The aforesaid Lohari died issueless and was succeeded by his widow Sompti. That Gunga father of the respondent-plaintiff and Lohari were the sons of Sh Jugla and were hence brothers. After the death of Sompti, respondent-plaintiff being the nearest heir of Lohari became owner of the suit properties left by Lohari and Sompti. It is further averred that one Mamraj father of appellants-defendant No. 1 and 2 was son of daughter of Jugla and sister of Gunga
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
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.
The plaintiff, as the daughter of Bhagmat, retains her inheritance rights over property despite her mother's remarriage, confirming the applicability of old Hindu law over Scheduled Tribes.
Female Hindu succession – For establishing full ownership on undivided joint family estate under Section 14(1) of Succession Act Hindu female must not only be possessed of property but she must have ....
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The legal consequences of succession rights under the Hindu Succession Act were affirmed, allowing recognition of co-ownership based on prior possession and statutory provisions.
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