MAHRAJ SINGH Vs. RAGHUVIR SINGH

JUDGEMENT

(1.) This second appeal preferred by the plaintiff was admitted for hearing by formulating the following substantial questions of law: -

(2.) The suit land was admittedly held by Ranchor Singh. Originally, the suit property was partitioned between sons & daughters of Ranchor Singh and one portion of land was retained by him for his maintenance and for the maintenance of his second wife Rahi Bai. The plaintiff is grand-son of Ranchor Singh from his first wife Phulwa, whereas defendant No.1 is grand-son of Ranchor Singh from his second wife Rahi Bai. Rahi Bai had executed an unregistered Will Ex.D-1 on 17-3-1978 in favour of defendant No.1. It is the case of the plaintiff that on the basis of the said Will, defendants No.1 & 2 got the suit land recorded in their own names and took over the possession and hence the suit was filed for declaration and possession in which defendants No.1 & 2 filed written statement and stated that Rahi Bai had got the property on partition and she being the owner of the property had right to execute Will and rightly executed the Will.

(3.) The trial Court on appreciation of oral and documentary evidence on record held that by virtue of Section 14(1) of the Hindu Succession Act, 1956, Rahi Bai has become the absolute owner of the suit property which she received for maintenance; the suit property is not the ancestral property; and Rahi Bai had validly executed Will in favour of defendant No.1, as she has the right to execute Will, which the first appellate Court has affirmed in the first appeal preferred by the plaintiff against which this second appeal has been preferred in which substantial questions of law have been formulated and which have been set-out in the opening paragraph of this judgment.