PUNJAB KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) By order of the even date passed separately in CM. 3561-C of 1999, delay in re-filing the appeal has been condoned.

(2.) Appellant Punjab Kaur is a widow of Jangir Singh. Jangir Singh, according to the respondent, had made a Will Ex.D1 vide which he had given only 1/4th share to appellant Punjab Kaur and 3/4th share was given to the respondent. Learned counsel for the appellant argued that the Will cannot be said to have been proved and that even the circumstances show that Will cannot be accepted. However, both the Courts below have held in favour of the respondent regarding the Will.

(3.) Learned counsel for the appellant argued that Will cannot be accepted because it was only made one month prior to the death of a testator. He also argued that the earlier Will was a registered Will and, therefore, there was no need to execute an unregistered Will. He further argued that as against the unregistered Will, the registered Will will prevail. Learned counsel for the appellant also argued that the unregistered Will relied upon by the Courts below is not properly proved.