CHET RAM Vs. GODAWARI

JUDGEMENT

(1.) Mehar Singh was the owner of land measuring 215 Kanals 1 Marla situated in village Rathdhana, Tehsil and District Sonepat. He suffered a decree in favour of his son Mahender Singh on 23.8.1984 for 160 Kanals 8 Marlas of land. Thereafter, on 26.2.1985, Mahender Singh suffered a decree in favour of his father Mehar Singh for half of the land transferred to him vide decree dated 23.8.1984. Mutation was sanctioned on the basis of judgment and decree dated 26.2.1985 on 2.4.1985. This status continued for 13 years.

(2.) Mehar Singh had five daughters and one wife besides his son Mahender Singh. He executed Will on 12.10.1998 in favour of his wife and daughters. Mehar Singh died on 7.6.1999. Mutation of the land owned by Mehar Singh was sanctioned in favour of the widow and daughters of Mehar Singh on the basis of Will dated 12.10.1998.

(3.) The widow and daughters of Mehar Singh applied for the grant of Succession Certificate. Mahender Singh father of petitioner No.1 and husband of petitioner No.2 was also a party. He filed the written statement admitting the claim of the widow and daughters of Mehar Singh (mother and sisters of Mahender Singh). He also admitted the validity of the Will executed by his father Mehar Singh in favour of his wife and daughters and accordingly Succession Certificate was granted to the widow and daughters of Mehar Singh by the Civil Court on 27.5.2003.