SURJIT KAUR Vs. BHUPINDER KAUR

JUDGEMENT

(1.) THE substantial question of law involved in this appeal is that "in case a testator bequeaths his property jointly to two lineal descendants by way of a Will and if one of the legatees dies during the lifetime of the testator, whether the bequeathed property would be taken away by other surviving legatee in terms of Section 106 of the indian Succession Act, 1925, (in short, 'the act') or if the legatee dies during the lifetime of the testator leaving behind his mother as class-I heir and has no lineal descendant, should the mother take the share of that legatee in view of Section 109 of the Act and whether mother is a lineal descendant".

(2.) THE facts first :-The appellant is the mother-in-law of respondent Bhupinder Kaur. Kartar Singh (since deceased) had two sons called Ujjagar Singh and Saudagar singh. Ujjagar Singh had a wife Surjit Kaur and two sons Harinder Singh and Avtar singh. Harinder Singh had a wife Bhupinder kaur and a minor son Amritpal Singh, whereas Avtar Singh was Bachelor and is-sueless. The pedigree table is as under :-

(3.) BHUPINDER Kaur filed the present suit for joint possession against Surjit Kaur al-leging that the plaintiff is the widow of harinder Singh. Kartar Singh, the original owner of the suit land executed a registered will on 25-3-1987 in favour of his grandsons harinder Singh and Avtar Singh. Avtar singh was unmarried and had died issueless on 8-12-1993 and left no lineal descendant. Avtar Singh pre deceased Kartar Singh who died on 27-2-1994. Ujagar Singh died on 8-12-1992 and Harinder Singh died on 24-8-1998. It was claimed that the Will was executed jointly in the names of Avtar Singh and Harinder Singh and since Avtar Singh pre deceased Kartar Singh without leaving any lineal descendant, therefore, the entire estate of Kartar Singh bequeathed by way of Will dated 25-3-1987 devolved upon harinder Singh. It was averred that Mutation no. 425 of village Bhagwantpur regarding the estate of said Kartar Singh was wrongly sanctioned in favour of Harinder singh and Avtar Singh on 21-4-1994, though Avtar Singh had expired and had pre deceased Kartar Singh and on the basis of wrong entries in the revenue record on the basis of mutation No. 425 in favour of Avtar singh, mutation No. 437 of the said village has been sanctioned in favour of Surjit Kaur regarding the estate of Avtar Singh. It was asserted that the plaintiff is the owner of the share recorded in the name of the defendant but on the basis of wrong entries in the revenue record, the defendant has started claiming her ownership over the suit land and is taking steps to alienate it.