S ATAM DEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises out of order dated 6.3.1992 passed by the learned Single Judge in Probate Case No.1 of 1986. The dispute in the present appeal relates to the will of Sardar Sehdev Singh. The following issues were framed :-

(2.) THE learned Single Judge upheld the registered Will dated 17.9.74 by holding that ? of the total property had earlier gone to Atam Dev Singh and the remaining ? is to go to the three daughters i.e. 1/3rd of ? share to each daughter. Since the major portion of the property had already been given to Atam Dev Singh and if no more share was given to Atam Dev Singh under the Will, the same cannot be treated as a suspicious circumstance to discard the will and hold that the will was not the result of undue influence. Under issue No.3 it was held that the three daughters would get 1/3rd of ? i.e. 1/6thshare each under the Will.

(3.) WE have perused the original will. The argument that it was executed on pre-signed paper does not hold water for the simple reason that in the body of the will also there is writing in the hand of the testator. That writing is obviously contemporaneous with the execution because by that he has written '1/3rd share' in his own hand. This addition of 1/3rd share in the testator's own writing strengthens sufficiently the bequest sought to be challenged in this appeal.