BHAJAN SINGH Vs. SHRIMATI KARNAIL KAUR

JUDGEMENT

(1.) THIS order will dispose of three appeals bearing RSA Nos. 3652, 3788 and 3789 of 2008, as the same arise out of common judgment of learned Appellate Court. Inheritance to the moveable and immovable property of Gurbachan Kaur is in question.

(2.) THE suit filed by Karnail Kaur daughter of Gurbachan Kaur for declaration and possession, was decreed.

(3.) THE plea raised by the defendants was that the plaintiff was, in fact, not the daughter of Gurbachan Kaur. Entire issue has been raised by her to grab the property of Gurbachan Kaur. Gurbachan Kaur was having a daughter in the name of Karnail Kaur with whom she was having strained relations for about 25 years before her death. Gurbachan Kaur deceased had disinherited Karnail Kaur from her estate. Last rites of Gurbachan Kaur deceased were performed by the defendants, who used to serve her during her life time. The Will and the power of attorney were executed by her in sound state of mind. The sale -deeds were executed by Bhajan Singh during the life time of Gurbachan Kaur on her behalf. It was admitted that Gurbachan Kaur had raised a loan of Rs. 1,50,000/ - from the bank. It was also admitted that she retired as Nurse and had been drawing pension. Further explaining the thumb impression on the Will and the power of attorney, it was stated that during the last days, she had started trembling, hence, used to thumb mark the documents, including the pension documents.