VIKRAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiffs are in second appeal against the concurrent findings of the Courts below.

(2.) Plaintiffs filed the suit for declaration to the effect that they were sole owners of house No. 2616, measuring 8 marlas, Phase 7, Mohali and for permanent injunction restraining defendants No. 1 and 2 from getting the said house transferred in their names along with names of the plaintiffs. House in dispute was initially allotted to Mukhtiar Singh, who was grandfather of the plaintiffs i.e. father of Harinder Singh (now deceased) and father-in-law of Satinder Kaur (widow of Harinder Singh). Subsequently conveyance deed was executed in favour of Mukhtiar Singh.

(3.) Mukhtiar Singh executed a registered Will dated 7.8.1997 in favour of his wife Sukhwinder Kaur regarding suit property. Mukhtiar Singh died in the year 1998. By virtue of aforesaid Will dated 7.8.1997, Ex.P-2, Mukhtiar Singh bequeathed all his properties in favour of Sukhwinder Kaur-wife. After the death of Mukhtiar Singh, Sukhwinder Kaur became absolute owner of the property in question. This Will was got registered on 14.8.1997 with Sub Registrar, Mohali. Member of Municipal Council and one Ashwani Kumar, Advocate attested the Will as marginal witnesses. The Will carried the photographs of the testator. The expert evidence also corroborated the factum of genuine signatures of Mukhtiar Singh appearing on this Will dated 7.8.1997. Testimony of PW-2 Kranti Kumar Sharma, handwriting expert, was on the record in this context. The standard signatures of Mukhtiar Singh, Mark S-1 and S-2 were found to be duly in consonance with questioned signatures on Will and the expert opinion found the same to have been written by the same person. The veracity of the Will could not be shattered by any evidence to the contrary. Even the Will was duly testified by Sh. J.S. Sohal, Advocate, who appeared as PW-5. Execution of this Will was not in dispute and had been found on all legal parameters to be validly executed.