JOGINDER SINGH Vs. SUKHVIR KAUR

JUDGEMENT

(1.) The 1 st defendant Joginder Singh who in fact contested the suit filed by the plaintiff Sukhvir Kaur for declaration that she was owner in joint possession over the suit property and projected the Will dated 21.3.1988 executed by his father Harbans Singh in favour of 2 nd defendant Amandeep Singh and 3 rd defendant Parvinder Singh, who are his sons and 5 th defendant Lakhbir Kaur, his erstwhile wife, has come forward with the present appeal challenging the dismissal of the suit filed by his sister Sukhvir Kaur.

(2.) Plaintiff Sukhvir Kaur contended in the suit for declaration that her father Harbans Singh who got the suit property ancestrally was owner in possession of the suit property till he died on 31.5.199. She and her brother Joginder Singh, 1 st defendant in the suit, being the daughter and son of deceased Harbans Singh were equally entitled to the subject property. The Will projected by the defendants was forged and fabricated one. The deceased Harbans Singh was not competent to execute the Will as the property was ancestral coparcenary property.

(3.) The 1 st defendant Joginder Singh filed written statement virtually supporting the Will dated 23.1.1988 executed by his father Harbans Singh in favour of two sons arrayed as 2 nd and 3 rd defendants and his erstwhile wife Lakhvir Kaur arrayed as 5 th defendant. He has in fact sought for dismissal of the suit, contending further that the suit property was not ancestral coparcenary property of the joint hindu family. Defendants No. 2,3 and 5 filed separate written statements contending that the subject matter was already bequeathed in their favour by the deceased Harbans Singh.