SANTOSH Vs. RAJINDER AND OTHERS

JUDGEMENT

(1.) The plaintiff having lost in two rounds of litigation has preferred the present regular second appeal. Sher Singh had four daughters namely, Santosh, appellant/plaintiff, Dhano, Satya and Dulari, respondents/defendants No. 2 to 4. Defendant No.1 Rajinder is son of respondent/defendant No. 2 Dhano. Sher Singh had executed a registered Will dated 15.6.1999 in favour of his grand son Rajinder bequeathing all his estate to him. Lateron, Sher Singh had gifted his entire property to Rajinder, respondent/defendant No.1, vide registered gift deed dated 14.9.1999.

(2.) Santosh, being daughter of Sher Singh, had filed a suit for declaration to the effect that the gift deed dated 14.9.1999, alleged to be executed by Sher Singh, deceased, in favour of his grand son Rajinder regarding the land measuring 28 kanals 13 marlas, details and description whereof has been given in the head note of the suit, was the result of undue influence, fraud and misrepresentation upon Sher Singh, deceased and consequently she sought permanent injunction restraining defendant No.1-Rajinder from alienating the suit property. Challenge to the Will dated 15.6.1999 was made in the replication, filed by the plaintiff, after the same was disclosed in the written statement, filed by defendant No. 1. Defendants No. 3 and 4 being two other daughters of Sher Singh had chosen not to cause appearance and they were proceeded against ex parte. In other words, they had accepted the execution of the Will and the gift deed which were upheld by both the Courts below.

(3.) Two pertinent questions have arisen before both the Courts below, as to whether the property being an ancestral could be bequeathed or gifted by Sher Singh to the exclusion of his daughters in favour of his grandson defendant No.1 (son of one of his daughter) and another as to whether two documents i.e. Will dated 15.6.1999 and gift deed dated 14.9.1999 are the result of fraud and misrepresentation or was Sher Singh competent being of sound mind to execute these documents.