SADHU SINGH Vs. BHAGAT SINGH

JUDGEMENT

(1.) THESE are two set of revision petitions relating to mutation No. 607 of village Manpur, Tehsil Khamanon. The land in question belonged to one Kehar Singh who vide registered will dated 25.6.63, bequeathed life estate (limited to lifetime) to his widowed daughter, Tej Kaur, and absolute succession in equal share to his four sons namely, Sadhu Singh, Modan Singh, Ajaib Singh and Harnek Singh. This will stipulated that the property would go to the four sons after the death of Tej Kaur, and if any of the sons died unmarried, his portion will go to the other brothers.

(2.) TWO events have complicated this succession. Firstly, Tej Kaur executed registered will dated 16.9.83 in favour of her sister's son, Dalbara Singh despite the fact that she had actually no right to execute this will as she was not an absolute owner and her rights were non-transferable. Dalbara Singh, her legatee is the present petitioner in ROR No. 559 of 2005. The second event was that two sons of the deceased, Kehar Singh, namely, Modan Singh and Ajaib Singh who died as bachelors executed registered wills in favour of their nephews Bhagat Singh and Jasbir Singh, sons of their brother Harnek Singh. The fourth brother, Sadhu Singh, who is petitioner in the other revision petition No. 515 of 2001 remained left out from inheritance of their share which should have been equally divided between the surviving brothers. The two deceased bachelor sons had no right to execute the will as their rights were also qualified and conditional as they had inherited the property with the aforesaid stipulation of the will.