SURINDER SINGH Vs. SANTOKH SINGH AND ORS.

JUDGEMENT

(1.) Defendant-Surinder Singh is in second appeal arising out of the concurrent judgments and decrees passed by the courts below.

(2.) Facts of the case are necessary to be quoted here. Plaintiff- Santokh Singh filed a suit for declaration to the effect that the plaintiff is joint owner of the suit land notwithstanding anything contained to contrary in the revenue record and the Will dated 19.07.2002 in favour of defendant No.1-Surinder Singh is illegal, void ab-initio, null and void, without legal value, having no binding force on the rights of plaintiff, and the mutation No.2361 of inheritance of Kartar Kaur deceased, widow of Pritam Singh is null and void. Further relief of permanent injunction was also sought restraining defendant No.1 from alienating the suit land or by creating incumbrance over it.

(3.) It has been claimed that the plaintiff is still joint owner in the share of his mother out of total land measuring 286 kanals 11 marlas and mutation No.2361 sanctioned on the basis of Will dated 19.07.2002 is null and void, and is having no binding effect on the rights of the plaintiff, and is liable to be set aside. It has been claimed that Kartar Kaur, deceased was not competent to execute the Will regarding her share as Pritam Singh in his Will dated 23.11.1962 has recited that the property would devolve upon his two sons only, after the demise of Smt.Kartar Kaur, and Smt.Kartar Kaur deceased remained owner of her share during her life time, and thus, was having limited interest in the property. Since the Will dated 19.07.2002 is in defiance of earlier Will dated 23.11.1962, and the executant was not competent to execute the same as mentioned above, therefore, Will dated 19.07.2002 is liable to set aside.