JASWINDER SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) The controversy in hand is in respect of the property of Bagga Singh. Bagga Singh died on 28-12-1977, Bagga Singh had two sons Kartar Singh and Phuman Singh and three daughters Kartar Kaur. Basant Kaur and Pritam Kaur. Through his first Will dated 22-8-1958 (which was duly registered), he bequeathed his property to his sons Kartar Singh and Phuman Singh in equal shares.

(2.) Kartar Singh had two sons Nachhattar Singh and Mohinder Singh. Whereas Phuman Singh had three sons and two daughters. His three sons were Prem Singh, Jaswinder Singh, and Paramjit Singh, whereas, his two daughters were Jasbir Kaur and Parminder Kaur. By a subsequent Will dated 25-10-1971, which was notarised on 26-10-1971, Bagga Singh ignored his children Kartar Singh and Phuman Singh. He, however, bequeathed his property to the three sons of Phuman Singh in equal shares. In other words, by the Will dated 25-10-1971, the property of Bagga Singh was to pass on to Prem Singh, Jaswinder Singh and Paramjit Singh in equal shares.

(3.) During the lifetime of Bagga Singh, Prem Singh one of the beneficiaries from the Will dated 25-10-1971 died. Bagga Singh then executed a codicil dated 19-6-19:6, whereby, the property falling to the share of Prem Singh (in the Will executed on 25-10-1971) was bequeathed in favour of the legal heirs of his deceased grandson Prem Singh, namely, to his widow Harbhajan Kaur, and to his three sons Inder Mohan Singh, Harjinder Singh and Balwinder Singh in equal shares.