AMARJIT KAUR Vs. SEWA SINGH

JUDGEMENT

(1.) APPELLANT -Dr. Amarjit Kaur (respondent before the lower Court) has filed this appeal against judgment dated 22.11.2012, passed by the learned Additional District Judge, Chandigarh, vide which the petition filed by petitioner Sewa Singh (respondent No. 1 herein) under Section 276 of the Indian Succession Act, 1925, (in short 'the Act') for grant of probate in respect of Will dated 24.10.1988, executed by Bachan Singh Dhillon (father of the parties), was allowed.

(2.) THE facts necessary for the purpose of disposal of this appeal are that Bachan Singh Dhillon was the owner of House No. 308, Sector -20 -A, Chandigarh and also owned 10% share in the industrial plot and Shed No. D -148, Phase -VII, Mohali, District SAS Nagar. Bachan Singh Dhillon expired on 15.1.2003 at Chandigarh, leaving behind his wife Surinder Kaur (respondent No. 2 herein), his daughters Paramjit Kaur (respondent No. 3 herein), Dr. Amarjit Kaur (appellant herein) and a son Sewa Singh (respondent No. 1 herein). It is stated that Bachan Singh Dhillon during his life time in his sound disposing mind had executed Will dated 24.10.1988 as his last Will, whereby he bequeathed all his properties in favour of his son Sewa Singh (respondent No.1 herein). Kothi No. 163, Phase -3 -B -1, Mohali, was transferred by the testator in favour of his son Sewa Singh (respondent No. 1 herein) during his life time by way of sale deed. Industrial Plot and Shed No. C -76, Phase -VI at Mohali, was disposed of by the testator during his life time.

(3.) BEFORE the lower Court, respondent No. 2, namely, Surinder Kaur (mother of the present appellant and Sewa Singh) admitted the claim and respondent No. 2 stated that she has no objection if the probate of the Will is granted in favour of the petitioner (respondent No. 1 herein). Respondent No. 3, namely, Paramjit Kaur (daughter of the deceased) did not appear and was proceeded against ex -parte. However, respondent No. 4 (appellant herein) contested the petition and stated that the deceased did not execute any Will in favour of Sewa Singh/petitioner (respondent No. 1 herein) and that the said Will is forged and fabricated. From the pleadings, following issues were framed : -