RSA No.1175 of 2008 -1-

In the Punjab and Haryana High Court,at Chandigarh.

RSA No.1175 of 2008

Decided on November 17,2008.

Surjit Kaur

-- Appellant

vs.

Bhupinder Kaur and another

--Respondents

Present:

Mr.Bhag Singh, Advocate, for the appellant

Mr.Ashok Kumar Nabhewala,Advocate,for the respondents.

Rakesh Kumar Jain,J:

The substantial question of law involved in this appeal is that

“In case a Testator bequeaths his property jointly to two lineal

descendants by way of a Will and if one of the legatees dies during the

life time of the testator, whether the bequeathed property would be taken

away by other surviving legatee in terms of Section 106 of the Indian

Succession Act, 1925, (in short,'the Act') or if the legatee dies during the

life time of the testator leaving behind his mother as Class -I heir and

has no lineal descendant, should the mother take the share of that

legatee in view of Section 109 of the Act and whether mother is a lineal

descendant”.

The facts first:-

The appellant is the mother-in-law of respondent Bhupinder

Kaur.

Kartar Singh (since deceased) had