BHUPINDER SINGH Vs. SARABJIT SINGH AND OTHERS

JUDGEMENT

(1.) Defendant No.1-appellant is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below.

(2.) The dispute in the present case is with regard to the estate of Late Sh. Sohan Singh who died on 10.09.2004. Sohan Singh before his death, executed a registered testamentary document (Will) on 27.08.2004 which was got registered on 009.2004. The testamentary document has been read-over by the learned counsel for the parties, wherein he refers to all the family members and record that to one of his son, he has given enough cash and second son has been disinherited. The entire property has been bequeathed in favour of one son. The testator has also written in the testamentary document that he has married all his three daughters and given them at the time of the marriage. Learned Courts below have ignored the testamentary document on the following grounds:-

(3.) The testamentary document has been proved by examining DW5 Amrik Singh, Ex-Sarpanch, attesting witness who has specifically stated that the testamentary document was executed, read-over and explained to the testator and the testator had signed and thumb-marked the testamentary document in his presence and in the presence of other attesting witnesses. He has also stated that he has signed the testamentary document and other witness had also signed in his presence. The defendants have also examined professional scribe Pardeep Kumar, who has been examined as DW6. He has also stated that the testamentary document was executed by Late Sh. Sohan Singh with his free will and volition.