TARVINDER KAUR Vs. STATE

JUDGEMENT

(1.) In this case, Surender Singh, respondent No. 2 and his sisters Smt. Tarvinder Kaur and Smt. Parminder Kaur have locked horns over the Will allegedly executed by their mother Smt. Daya Kaur. Mahender Singh. another son of Smt. Daya Kaur was also arrayed as respondent No. 3 In this case. At the Initial stage. Mahender Singh had contested the Will, but subsequently, he threw in the towel and took the stance that the Will was valid and legal.

(2.) Adumbrated in brief, the facts of this case are these. Late Shri Manohar Sin was their father. He owned property No. A-17 (WZ-240), Hari Nagar, New Delhi. He died intestate on 17 12.1980 leaving behind him the above said four children besides Smt. Daya Kaur. All the sons and daughters relinquished their right, title or interest in respect of above said house in favour of their mother Smt. Daya Kaur vide registered Relinquishment Deed dated 27.3.1995. Consequently, Smt. Daya Kaur became the absolute owner of the above said house. On the same very day. she executed a registered Will in favour of respondent No. 2 bequeathing the said property in his favour. She expired on 11.5.1995. Respondent No. 2. therefore, filed petition for grant of probate of Will in his favour.

(3.) The appellants denied the execution of relinquishment deed by them as well as execution of the Will by the testatrix. They explained that after the death of their father, they jointly owned the case property to the extent of one-fifth share each.