PARAM NAVDEEP SINGH Vs. MUKHTYAR SINGH SIDHU

JUDGEMENT

(1.) Both appeals have arisen against the order of dismissal of applications for temporary injunction filed under Order 39 Rule 1 and 2 and in both appeals, except properties in question, parties and issues in controversy are common, therefore, with consent of counsel for both parties, both appeals have been heard together.

(2.) The facts in both cases are that Shri Surjeet Singh and his wife Smt. Pal Kaur are parents of appellant and respondent Nos.1 to 3. Shri Surjeet Singh and Smt. Pal Kaur both made their independent and separate wills on 7/11/2012 in respect of their personal properties. By way of their respective wills, their properties have been bequeathed to one son- Dr. Mukhtyar Singh Sidhu (respondent No.1 herein). Both wills are registered in the office of Sub-Registrar No.5, Jaipur and their two daughters are common witnesses in both wills. Shri Surjeet Singh died on 6/12/2020 and prior to that Smt. Pal Kaur had passed on 26/5/2017. They have been survived by their four natural heirs, two sons and two daughters. Appellant- Dr. Smt. Param Navdeep Singh and respondent No.2- Smt. Charanjeet Kaur are two daughters and respondent Nos.1 and 3 namely Dr. Mukhtyar Singh Sidhu and Tek Singh are two sons. After death of parents, one of the daughter who is appellant-plaintiff has disputed both wills, denying her signatures on both the wills as a witness and alleged both the wills as forged, illegal and void testamentary documents.

(3.) The appellant has filed two separate civil suits along with two separate applications for temporary injunctions against respondents-defendants No.1 to 3 before the Trial Court on 6/1/2021. The appellant sought declaration that both registered wills dtd. 7/11/2012, allegedly made and executed by her parents be declared as null and void and consequentially properties in question left by the parents be partitioned among their natural surviving heirs as per Hindu Law of Succession, in equal share of one-fourth to each of their natural heirs. The appellant has categorically denied her signatures on both wills as a witness and has challenged wills on various factual and legal grounds. Her case is that until and unless both wills are not proved as per requirements of provisions enshrined under Sec. 63 of the India Succession Act, 1925 (hereinafter referred as "the Act of 1925") and under Sec. 68 of the Indian Evidence Act, 1872 (hereinafter referred as "the Act of 1872"), the wills do not come in operation and under law be treated as ineffective and invalid. The appellant has filed two separate civil suits for declaration, partition and permanent injunction in relation for properties left out by father and mother. In both the plaints, in addition to prayer of declaration to declare wills dtd. 7/11/2012 as null and void and claiming partition of her one-forth share and consequential permanent injunction, following prayer has also been made as under:-