ISHAR SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff - Kulwant Kaur widow of Jaswant Singh, resident of Mandi Gobindgarh, District Fatehgarh Sahib, had brought a suit against the defendants - Ishar Singh, brother, Mohinder Kaur, Harbans Kaur (since deceased through her legal representatives) and Harnam Kaur, married sisters of her deceased husband, seeking a declaration that alleged Will dated 6.2.2009, allegedly executed by late Jaswant Singh in favour of Ishar Singh - defendant No.1, regarding his movable and immovable properties, is illegal, null and void and not binding upon the rights of the plaintiff, rather is a forged and fabricated document, liable to be set aside and that the plaintiff is owner in possession of one half share standing in the name of her deceased husband Jaswant Singh, in the suit land detailed in head note of the plaint, besides craving for grant of permanent injunction, restraining the defendants from interfering in her peaceful possession over the suit land and forcibly dispossessing her therefrom.

(2.) On notice, defendant No.1 put in appearance and filed written statement, contesting the suit, coming up with a plea that the plaintiff was involved in murder of Jaswant Singh and in terms of Section 25 of the Hindu Succession Act, she was debarred from inheriting any property of Jaswant Singh. Therefore, the answering defendant is owner in possession of the entire suit property left by Jaswant Singh. According to the answering defendant, on account of ill attitude of Kulwant Kaur, Jaswant Singh was compelled to spend most of his time with the answering defendant and the latter served him in all manner during his life time and in lieu of those services rendered, Jaswant Singh executed a notarized Will dated 6.2.2009 in favour of the answering defendant, while being in sound and disposing mind He did so in presence of the witnesses. Therefore, after death of Jaswant Singh, defendant No.1 became owner in possession of entire property except the house situated at Kukkar Majra. In the end defendant No.1 prayed for dismissal of the suit. In the separate written statements filed by defendants No. 2 and 4, they pleaded that about two years before his death, Jaswant Singh was neglected by the plaintiff and he started spending most of his time with his brother Ishar Singh defendant No.1; that Jaswant Singh was an able bodied person and remained fit till his death; that in the last two years of his life he suffered a disc problem and his wife started neglecting him. In the separate written statement filed by defendant No.3, she submitted that plaintiff was wife of Jaswant Singh and she resided with Jaswant Singh. Such defendant contended that she had no intention to interfere in possession of the plaintiff or in the suit property.

(3.) From the pleadings of the parties, following issues were framed:-