SHIV RAJ KUMARI Vs. BALBIR SINGH AND ANOTHER

JUDGEMENT

(1.) The present appeal directs challenge against judgment and decree passed by the Appellate Court whereby the appeal preferred by Balbir Singh- defendant/respondent against the judgment and decree dated 23.08.2010 passed by the trial Court has been allowed. Resultantly, suit filed by the appellant/plaintiff staking her claim to suit property on the basis of natural succession to Sh. Satya Pal (since deceased), her father, has been dismissed.

(2.) Briefly stated, the present lis pertains to inheritance to the estate of Satya Pal who left behind his daughter Shiv Raj Kumari (appellant herein) and Smt. Dharmo Devi, his widow. Balbir Singh defendant/respondent is the nephew (brother's son) of Satya Pal and he propounded registered Will dated 03.09.1991 executed by Satya Pal in favour of Balbir Singh whereby Shiv Raj Kumari and Smt. Dharmo Devi were excluded from inheritance for the reasons duly recorded in the Will in question.

(3.) The plea of the appellant, as per the case set up in the plaint, is that Satya Pal had not executed any Will nor did he was physically and mentally capable of executing such a document. Plaintiff and defendant No.2 served Sh. Satya Pal during his lifetime. Defendant No.1 and his father had been living separate from Satya Pal and never served him. There was no occasion or compelling reason for Sh. Satya Pal to execute any Will in favour of defendant No.1 and disinherit his daughter and wife from his properties. Plaintiff and defendant No.2 performed last rites of Satya Pal who was not keeping good health more than 5 years before this death.