GUNWANTI @ HARDEI Vs. NAND KAUR

JUDGEMENT

(1.) SMT . Gunwati has challenged the judgments and decrees passed by both the courts below vide which her suit for declaration and possession of half share of the property left behind by her deceased maternal grandfather Chandgi Ram, was dismissed.

(2.) CHANDGI Ram had two daughters, namely, Nand Kaur and Chhan Kaur. Chhan Kaur was married to Maman Singh. Smt. Gunwati was allegedly born to Chhan Kaur from Maman Singh. Chhan Kaur died immediately after her marriage with Maman Singh, leaving behind her only daughter Gunwati. Chandgi Ram died on August 8, 1977. Before his death he executed a registered will in favour of his daughter Smt. Nand Kaur. Mutation of the entire property left by Chandgi Ram was entered in favour of Smt. Nand Kaur on the basis of the will allegedly executed by Chandgi Ram. Smt. Gunwati filed a suit challenging the will as well as the mutation of the property in favour of Smt. Nand Kaur. Both the Courts below dismissed the suit filed by Smt. Gunwati holding that the will executed by Chandgi Ram was a valid document. To challenge the judgments passed by both the Courts below, Smt. Gunwati has filed the present regular second appeal.

(3.) SECTION 63 of the Indian Succession Act, 1925, lays down the following three ingredients in order to prove the validity of the Will :-