Rohit Chauhan vs Surinder Singh & Ors on 15 July, 2013
26. In the the light of the pleadings and the evidence adduced
by the parties it has been established that before 06.11.1992 Raja
Pratap Singh had attained the age of majority and he was in fit state of
mind; he was stated to have taken Sanyas not before the month of
October, 1993, but it has not been proved that he actually entered the
religious order of Sanyasis. After the death of Raja Hari Singh, his
father, till his death Raja Pratap Singh was the sole surviving
coparcener in his family and thus, in the light of the law laid down by
the Hon'ble Supreme Court and the Hon'ble Punjab and Haryana High
Court in Rohit Chauhan's case (supra), C. Krishna Prasad's case
(supra), Smt. Dipo's case (supra), Dharma Shamrao Agalawe's case
(supra), Eramma's case (supra), Uttam's case (supra) and Amrit Lal's
case (supra) he was free to treat the properties left by Raja Hari Singh,
even if the same were ancestral properties, as his self acquired
properties. In these circumstances, in the light of the provisions of
section 59 of the Indian Succession Act, 1925 and section 30 of the
Hindu Succession Act, 1956, after the death of Raja Hari Singh, Raja
Pratap Singh was competent to dispose of the properties inherited by
him by executing will or wills. In so far as his self acquired property is
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concerned, nothing has been brought to the notice of the court to
suggest that Raja Pratap Singh was not competent to dispose of such
property by executing Will or Wills. His act of taking Sanyas, in the
opinion of this court, does not invalidate his acts of executing a Will
in respect of the properties before his taking such Sanyas in October,
1993. Issue no. 1 is decided in favour of the defendants and against the
plaintiff.