HUKUM SINGH Vs. RAJBALA & OTHERS

JUDGEMENT

(1.) Having heard the rival contentions, I find that there are concurrent judgments where-against the present second appeal has been preferred.

(2.) The theme behind the controversy revolves between the real sister Smt. Rajbala (now being supported by two brothers Nanak Singh and Shyam Singh) and her another real brother Hukum Singh, appellant herein, who are contesting the matter on the issue of distribution of property after the death of their father Mr. Rai Singh way back in 1984. It needs to be mentioned that before his death, Mr. Rai Singh executed a registered Will on 4.11.1981 whereby he bequeathed 1/4th of his property to Smt. Rajbala (defendant) whereas 3/4th share was handed down in favour of Smt. Shyama Devi (wife). Later on, Smt. Shyama Devi also died. So, this 3/4th share of the property devolved upon all the three sons and one daughter but Mr. Hukam Singh (appellant) began to raise a dispute on the genuineness of the Will itself claiming 1/3rd share in the whole property; thus, he seeks to exclude his sister Smt. Rajbala from her share in the questioned property.

(3.) I have looked into both the judgments wherein the contents of Will itself have been highlighted. Such testament speaks about the reasons for exclusion of all the three brothers from the property and passing of the same in the name of daughter Smt. Rajbala (who was unmarried at that time) and wife Smt. Shyama Devi.