KUMARI BINDU Vs. SMT. GUDOO DEVI AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal filed by late Shri Inder Singh, one of the defendants in the suit, instituted in the trial Court, was admitted on the following substantial question of law:

(2.) FACTS relevant for the disposal of appeal may be noticed. A suit was filed by Guddo Devi, respondent No. 1 herein, for declaration that she had succeeded to half of the estate of late Shri Durga Singh, her father - in -law on the strength of Will dated 18.8.1988 Ext.PW2/A, subject to certain conditions contained therein. Description of the property was given in the plaint. It was pleaded that late Shri Dugra Singh had two sons, namely defendant Surinder Singh and defendant Ram Inder Singh. Plaintiff was married to Ram Inder Singh, who was of low I.Q. Durga Singh made a Will Ext.PW2/A bequeathing half of his property to defendant Surinder Singh and the remaining of the half to the plaintiff. It was stated that Durga Singh died on 5.9.1989. Plaintiff thereafter approached the Municipal Committee for giving effect to the Will by incorporating her name as owner of the property bequeathed to her, but she was told by the Municipal Authorities that a Will dated 26.7.1989 had already been submitted by Surinder Singh defendant and that in terms of that Will the plaintiff had not been bequeathed any property. She pleaded that the Will dated 26.7.1989 set up by defendant Surinder Singh was not valid.

(3.) FOLLOWING issues were framed, on the pleading so the parties, by the trial Court: