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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Kesar Kaur (Since Deceased) through her LRs. – Appellant
Versus
Kartar Singh (Since Deceased) through his LRs. – Respondent
JUDGMENT :
VIRINDER AGGARWAL , J .
1. The appellant has preferred this Regular Second Appeal (here- in-after referred to as “RSA”), challenging the judgment and decree of the learned Sub-Judge, 1st Class, Zira. In the course of the appeal, the learned First Appellate Court reversed the findings and decree of the trial Court, thereby setting aside the decision rendered by the learned Sub-Judge, 1st Class, Zira.
2. Succinctly stated, the respondent-plaintiff filed a suit for declaration, claiming ownership of the suit land on the basis of a Will executed by his brother, Didar Singh @ Dara Singh, on 16.09.1985. The plaintiff contended that the appellant/defendant, Kesar Kaur, is not the legally wedded wife of Didar Singh and, therefore, has no right to inherit from him. He further asserted that the mutation of inheritance in her favor is illegal, null, and void.
2.1. The appellant-defendant contested the suit, alleging that the Will relied upon by the plaintiff is forged and fabricated. She claimed that she is the legally wedded wife of Didar Singh, asserting that the Karewa ceremony was performed between her and Didar Singh.
3. Upon a careful examination of the pleadings of the parties, t
The court validated a Will executed in sound state of mind, emphasizing that allegations of illegitimacy were unproven, affirming statutory compliance in its execution.
The propounder of a Will must dispel any suspicious circumstances surrounding its execution to establish its validity.
(1) Proof of execution of Will – Mere nomenclature of a person in Will as an Identifier is not sufficient to hold that Will was not attested by two witnesses.(2) High Courts should restrain itself fr....
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