SAMARVIR KAUR @ SURINDER KAUR Vs. SUMANJIT KAUR

JUDGEMENT

(1.) SAMARVIR Kaur @ Surinder Kaur appellant -plaintiff filed suit for declaration challenging unregistered Will dated 24.04.1990 executed by Joginder Singh, father of her deceased husband Harinderpal Singh, in favour of Anandpal Singh his other son, Tej Kaur and Balbir Kaur wives and plaintiff Samarvir Kaur, bequeathing 3/5th share of his property to Anandpal Singh defendant No.1, 1/5th share to his wives Tej Kaur and Balbir Kaur in equal shares and 1/5th share to the appellant -plaintiff as illegal, result of fraud and null and void. Besides challenging the will she also sought the reliefs as follows:

(2.) THE pedigree table given below will help in understanding the relationship of the parties: -

(3.) THE case of the appellant -plaintiff, in brief, is that the suit land situated at village Dugal Kalan and Deogarh was joint Hindu family ancestral and coparcenary property in the hands of Joginder Singh, which was inherited after the death of Joginder Singh by Harinderpal Singh and Anandpal Singh, his sons in equal shares. Mutation No.2625 was sanctioned by Assistant Collector 1st Grade, Samana with regard to the land situated at village Dugal Kalan, to the extent of 3/5 share in favour of Anandpal Singh, Balbir Kaur and Tej Kaur to the extent of 1/5th share and plaintiff to the extent of 1/5th share. Anandpal Singh also got sanctioned mutation No.1940 with regard to the entire estate of Joginder Singh in village Deogarh in his name, on the basis of his unregistered Will dated 24.04.1990 and further alienated the suit property situated at village Deogarh in favour of Sandeep Singh, respondent No.4 -defendant No.5. The land situated at village Deogarh was mutated in favour of defendant No.5 -respondent No.4 Sandeep Singh vide mutation No.1965. Anandpal Singh, defendant No.1 got sanctioned another mutation of the estate left by Balbir Kaur on the basis of her registered Will, which was also illegal, null and void.