In this second appeal concerning inheritance of ancestral land and validity of a will frustrating the wife's claim to 1/3rd share inherited upon husband's death for being testamentary.
Second Appeal dismissed; decision of lower courts upholding the will's validity is confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Regul ar Second Appeal No. 3880 of 2016 ( O&M) DATE OF DECI SI ON: 28. 05. 2018
Bhupi nder Si ngh
…. . Appel l ant
ver sus
Ashok Kumar and ot her s
. . . . . Respondent s
CORAM: - HON' BLE MR. JUSTI CE AMI T RAWAL
Pr esent : Mr . K. S. Si dhu, Seni or Advocat e wi t h Mr . G. S. Beni pal , Advocat e f or t he appel l ant
AMI T RAWAL, J. ( Or al ) :
The appel l ant - pl ai nt i f f has not been successf ul i n get t i ng r el i ef of decl ar at i on i n t he l and measur i ng 97 bi ghas 04 bi swas t o t he ext ent of 1/ 3 shar e by l ayi ng chal l enge t o Wi l l dat ed 27. 02. 1990 of Aj mer Kaur bequeat hi ng pr oper t y i n f avour of def endant Nos. 1 and 2, sons of Ram Ki shan i . e. her gr and chi l dr en.
Parkash Chand 2018.07.03 16:15 I attest to the accuracy and integrity of this document
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had got 1/ 3 shar e, t he same coul d not have been bequeat hed except f or l egal necessi t y.
Parkash Chand 2018.07.03 16:15 I attest to the accuracy and integrity of this document
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sons of Ram Chand, namel y, Har dev Si ngh and Ram Ki shan. As per t he pr ovi si ons of Sect i on 14 of t he Hi ndu Successi on Act , 1956, a wi dow who acqui r es t he pr oper t y on demi se of her husband becomes t he absol ut e owner of t he pr oper t y. Cl ai m has been l ai d t o t he shar e of Aj mer Kaur by chal l engi ng t he Wi l l i bi d . The def endant s have been abl e t o pr ove t he execut i on and r egi st r at i on of t he Wi l l and, t her ef or e, t her e i s a compl i ance of Sect i on 68 of t he I ndi an Evi dence Act and Sect i on 63 of t he Hi ndu Successi on Act , t hus t he submi ssi ons of Mr . Si dhu ar e not sust ai nabl e and r at her whol l y mi spl aced, f or , t he f i ndi ng of f act and l aw ar r i ved at by bot h t he Cour t s bel ow accor ded Aj mer Kaur t he st at us of an absol ut e owner qua 1/ 3 shar e acqui r ed on demi se of Ram Chand al ong wi t h t he ot her t wo sons Har dev Si ngh and Ram Ki shan whi ch i s cor r ect i nt er pr et at i on of l aw. Ther e coul d not be any not i onal par t i t i on dur i ng t he l i f e t i me of Ram Chand as Aj mer Kaur was an absol ut e owner . By vi r t ue of a r egi st er ed Wi l l , she bequeat hed t he pr oper t y accor di ng t o her wi sh i n f avour of def endant Nos. 1 and 2. The def endant s have pr oved t he execut i on and r egi st r at i on of t he Wi l l by pr oduci ng wi t nesses bef or e t he Cour t and t hei r evi dence has not been shat t er ed i n any manner .
28. 05. 2018 par kash
( AMI T RAWAL) JUDGE
| NOTE : |
||
|---|---|---|
| Whet her | speaki ng/ | non- speaki ng: Speaki ng |
| Whet her | r epor t abl | e: NO |
Parkash Chand 2018.07.03 16:15 I attest to the accuracy and integrity of this document
RSA- 3880- 2016
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Parkash Chand 2018.07.03 16:15 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a widow who acquires property on the demise of her husband becomes the absolute owner and can testamentarily dispose of it in favor of her grandchildren.
Whether the there was notionary partition during the lifetime of the husband affecting the widow's absolute ownership.
3 provisions across 3 enactments
BHUPINDER SINGH
ASHOK KUMAR AND OTHERS
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
