JASWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I. The parties to litigation

(2.) The point for consideration in the case is whether the grant of probate finally concluded the title to the property and consequently, to the money which was assessed as payable to the legatee of the property. The issue shall also be to examine the merit of contention of the appellants tracing their title and entitlement to Udham Singh. There are also subsidiary issues relating to validity of reference under Land Acquisition Act. Some more facts which are necessary ought to therefore immediately follow.

(3.) The property acquired by the Government belonged to Ishar Singh. He had no children and he had executed a Will in favour of Jaswant Singh-3rd respondent on 16.07.1948. The Will had also been registered on at the Sub Registrar's office on 11.08.1948. After the death of Ishar Singh, Jaswant Singh applied for grant of probate. This was contested by Udham Singh, who claimed the very same property as having been gifted to him under a registered document on 21.09.1952. The contest for grant, which was the subject of bequest had been that the testator Ishar Singh had divested himself of property by gift deed in favour of Udham Singh and therefore, the Will did not operate to constitute a valid bequest. The Court of Probate rejected the contention and held by reference to case law that issue of title itself was not relevant and only point for consideration was that whether the Will executed by the deceased Ishar Singh was true or not. He, therefore, passed an order on 27.07.1953 for issue of a grant on the basis of Will.