respondents died on 12.5.1986, intestate leaving behind them as his class I heirs who were entitled to inherit the land equally which was being held by him at the time of his death. The plaintiff-respondent is settled in USA whereas the appellant-defendant and proforma respondents are residing in India. The suit land was being managed by all the parties through appellant till May 2005. After May 2005, he has not responded to the instructions of the plaintiff-respondent genuinely and after inquiry, it came to her notice in May, 2005 that appellant-defendant No.1 has got mutated entire suit land in his favour excluding the plaintiff-respondent as well as respondents No.2 to 5 on the basis of a forged Will alleged to have been executed by Sh. Waryam Singh on 01.01.1981 in his favour. The said Will and mutation bearing No.7191 on the basis thereof are illegal, null and void and liable to be set aside and the plaintiff-respondent was entitled to be declared owner in possession of 1/6th share of the suit property. Thus, the instant suit was filed with a prayer for grant of decree of declaration and appellant-defendant and proforma respondents were owners in possession of 1/6th share each in property and the alleged Will dated 01.01.1981 and the subsequent mutation No.7191 were illegal, null and void and was not binding upon the rights of the plaintiff-respondent. Further a prayer for grant of mesne profits directing appellant-defendant No.1 to give 1/6th share of mesne profits regarding the suit property to the plaintiffrespondent was also made.
