SUDARSHAN KAUR Vs. RIPUDAMAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned single Judge of this Court whereby the appeal filed by the respondents against the judgment and order of the learned District Judge, Sri Ganganagar was accepted and the judgment and order passed by the learned District Judge granting probate to the appellant was reversed and the probate petition filed by the appellant has been ordered to be dismissed.

(2.) One Dr. Kapoor Singh resident of Hanumangarh was a Medical Practitioner. The said Dr. Kapoor Singh died on 5-1-1967 and on 31-12-1966 late Dr. Kapoor Singh executed a Will and got it duly registered in favour of the appellant Smt. Sudarshan Kaur who is the widow of the deceased. This is an admitted position that the appellant is the second wife of the deceased Dr. Kapoor Singh. As per the material on record Mst. Shyam Kaur was the first wife of late Dr. Kapoor Singh and who had died about 3 years before the execution of the Will in question. Respondents Ripudaman Singh, Gurdarshan Singh and Smt. Harbans Kaur are the children from the first wife and Bhupinder Singh and Bhupinder Kaur are his children from the second wife Smt. Sudarshan Kaur appellant.

(3.) As per the contents of the Will the deceased had already separated his first wife Shyam Kaur and children and given them property and were living separately from him and Smt. Sudarshan Kaur and in order to avoid any dispute between the heirs in respect of the left over property, the deceased Dr. Kapoor Singh executed and got registered the Will in question dated 31-12-1966.