after the execution of the will.
(iii) The witnesses to the will
could not identify the testator.
(iv) The will was registered as
late ... validity of will and about
relevant factors for proving the execution of will. So far as the validity
of the will in the present case
title of the plaintiff has also
been denied by stating that the mutation was got done by the plaintiff
by using forged documents ... property to defendant No.2 and assured her that
necessary documentation/mutation will be done after all the
ceremonies of the marriage are completed
Page 11 of 18
Will formed the basis of the mutation by DDA of the properties in
favour of Defendant No.1. No declaration regarding ... Page 15 of 18
regards the invalidity of the said Will and the consequent mutation, the
Plaintiff cannot seek a bare declaration of her share
before the SDM /
Revenue Assistant for cancellation of the mutation order dated 01.10.1982
granting mutation of the recorded half share in favour of Shri Suraj ... genuineness of an un-registered and un-probated Will in
the proceedings for mutation of title in the 'Records of
Rights' even
Singh executed a Will only in favour of 1st defendant on
23.08.1972 and on the basis of Will, mutation was also obtained in
his name ... plaintiff's Will filed for mutation in his name was
found to be a forgery by the Commissioner, Jalandhar Division. The
plaintiff
Will by way of testamentary
disposition. Therefore, only because mutation or transfer by Will
was under consideration before such Division Bench, without
reference ... challenge the
validity, execution and effect of the Will, objected the mutation of
Will in the name of his real brothers and submitted in tune
mutation was made by the Halqa Patwari for sanctioning his
mutation which was contested by respondent No.5 on the
basis of the unregistered Will ... will and Godnama
was not produced. I have come to this
conclusion that the Will dated
24.7.1999 is correct and the Will was
got written
filed written
statement and set up the Will dated 2-3-1986 executed
by Vimala Bai and also Will dated 24-1-1993 executed
by Prahalad ... executed the Will
bequeathing her property in favour of her husband and
the first defendant. Pursuant to the said Will, mutation
entry in respect
will of
the suit property.
(ii) That Bal Kishan Muztar never executed the
will in favour of defendant No.1 and 2. The
said will ... referred to above , intended
to raise pleas with regard to Will and Mutation sanctioned on the basis of
same. At the time of seeking amendment
sanctioned
a mutation on the basis of the registered will by holding that as the will
stands proved by the depositions of marginal witnesses ... that the will is a suspicious
document and as the validity of the will has to be left to a civil court,
mutation should
