NEETU SINGH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The Petitioner has filed this petition claiming that her father was one of the Chiefs of Punjab-Buria State. After he died, all his immovable property was inherited by his son-Respondent No. 3 as per the decision in RFA No. 135 of 1956. However, with regard to certain properties he had left behind a Will dated 1st September, 1984. As per this Will apart from other properties his fire arms would devolve upon the Petitioner. It is for the enforcement of this provision of the Will that the present writ petition has been filed for the following reliefs:

(2.) In response to the petition, Respondent No. 3 has filed written statement averring that with regard to inter alia, the fire arms, his father was incompetent to make the Will.

(3.) In my opinion the question regarding the validity of the Will-whether on ground of competency or otherwise cannot be gone into by this Court in writ jurisdiction. In the circumstances this petition is dismissed as being not maintainable. However, since this Court had passed an interim order restraining the Respondent No. 3 from alienating the fire arms in question, it would be in the interest of justice if the said restraint order is ordered to be kept in operation for a period of eight weeks from the date of receipt of a certified copy of this order by any party so as to enable the Petitioner to try and obtain relief from a competent Court.