KARTAR KAUR Vs. GURDEEP KAUR

JUDGEMENT

(1.) THE present appeal under Clause X of the Letters Patent is against the judgment dated 15.2.1989 passed by learned Single Judge of this Court, dismissing the appeal filed by the appellants against the order passed by the learned Addl. District Judge, Chandigarh on 28.5.1988.

(2.) THE dispute in the present appeal is regarding estate of one Hardial Singh Sekhon, who died on 8.6.1986, leaving behind is mother Kartar Kaur-appellant No. 1, wife Gurdip Kaur Sekhon-respondent No. 1, son Lajeshwar Singh- respondent No. 2 and daughter Taranjot Kaur-respondent No. 3, as the Class-I heirs. The wife, son and the daughter have sought probate in respect of Will dated 21.5.1986 (Ex.P-2), alleged to have been executed by the deceased, attested by Shri Mohinder Singh, PCS (Retd.) and Manmohan Singh, DPI, UT- Chandigarh. Reliance was also placed on a Codicil dated 8.6.1986 (Ex.P-1) making slight amendments in the terms of the Will, attested by Dr. S.K.Aggarwal, MRCP and one Lal Singh, (Retd.) Joint Director, Food and Supplies, Punjab. As per the said Will and the Codicil, the mother was given income from the agricultural land situated at Villages Wadala and Daud, District Amritsar, for her life-time, besides the amount of insurance policy taken up by the deceased in the name of his mother. All self acquired immovable property and his share of the HUF property, the amount of insurance policy in which nominee was his daughter, entire money in banks and all other moveable property such as cash, scooter, telephone owned or possessed, were bequeathed to his daughter. All benefits, which were to accrue to the deceased from the Government, the same were bequeathed in favour of his wife Gurdeep Kaur. It may be noticed that the deceased was posted as Inspector General of Police, an IPS Officer, allocated to Punjab, whereas the wife is a member of Indian Administrative Services, Punjab Cadre. The son was said to be brilliant in studies having obtained 97% marks in Matriculation and eligible for scholarship of US $ 2000 per month for his studies abroad and Rs. 2000/- per month in India upto Dectorate Level. His admission to prestigious College/University was assured and a glorious future financial as well as otherwise awaited him, His son was likely to settle abroad after completion of his education and not considered worthwhile by the deceased to settle properties in general and immovable properties in particular on his son. The Will was entrusted to his old friend Mr. Ved Bassi with the direction that he shall pass on the Will to his wife after his death. Wife was appointed as executrix of the Will. By virtue of the Cordicil, the various retirement benefits falling to the share of his wife were required to be utilized by her for the benefit of his son Lajeshwar Singh, till the age of 21 years.

(3.) THE learned trial Court allowed the petition after discussing the voluminous evidence led by the parties, holding that the deceased has executed Will (Ex.P-2) in the presence of each of the witnesses namely Manmohan Singh (PW-4) and Mohinder Singh (PW-5). The said Will was executed after reading and understanding the contents of the Will and the deceased put his signatures on the Will in the presence of each of the witnesses. Manmohan Singh (PW-4) is a retired DPI of Schools and known to the deceased since childhood, more intimately from the year 1953 onwards. The other witness namely Mohinder Singh was found to be known to the deceased since the year 1964, when the witness was posted as GA to Deputy Commissioner, Ambala and the deceased was ASP under training at Ambala. Dr. Surinder Kumar Aggarwal (PW-1) is the attesting witness of Codicil known to the deceased since 1969. Lal Singh (PW-2), (Retd.) Joint Director, Food and Supplies, Punjab, also knew Shri Shekhon since 1969, when he was posted as District Food and Supplies controller, Hoshiarpur, when the deceased was posted as Senior Superintendent of Police. Shri Ved Bassi has appeared as PW-3. He has deposed that he knew Shri Shekhon since 1978 and his relations with him, were quite friendly and intimate. He also stated that on 21.5.1986, Shri Shekhon handed over his last Will to him followed by Codicil (Ex.P- 1) dated 8.6.1986. He has deposed that Shri Shekhon told him that in the event of his death, these documents should be handed over to his wife and in case she pre-deceases him, then these documents should be handed over to his son. He has handed over these documents to the wife on 28.6.1986. Gurdeep Kaur, wife of the deceased, appeared as PW-6 and deposed that Shri Ved Bassi had delivered these documents to her on 28.6.1986. It was found that the execution of this documents is proved by the consistent testimony of 4 independent and impartial witnesses and their custodian Ved Bassi (PW-3). It was also found that it was on 22.5.1986, when he was attending office, he got a heart attack and that from the testimony of Dr. Sarat Chandra (RW-5), it was held that the deceased has no previous history of angina or any other heart disease. It has been further found that the deceased was fully conscious on 8.6.1986 till 7.00 PM, but on account of sudden heart attack suffered by the deceased after 7.00 PM, Shri Shekhon died. It was, thus, found from the testimony of Dr. Chandra that the stand of the present appellants that the deceased was not in his senses on 8.6.1986 is effectively negated by their own witness Dr. Sarat Chandra. Reference is made to letter dated 29.5.1986 (Ex.P- 15) to the Director General of Police, Punjab, Chandigarh informing him about his sickness and other matters.