heirs of Har Kaur Chopra as per her will dated January 18,
1985; (iv) the mutation and subsequent conversion of the suit property
from lease ... clearly understood that the
question of genuineness of both the wills including the will Ex.DW-
RFA (OS) No.13/2014 Page
property to one Surinder Singh, vide sale
deed dated 12.10.1990 and a mutation to that effect was made in the year
1991. It is further ... also not in dispute that on the basis of the
Will, mutation has been effected in favour of Leela Aggarwal and the same
Will which was not challenged. In fact, that Will
was accepted and acted upon by the L&DO. The suit property already
stood mutated ... Kaur Chopra in terms of her Will. The Will was not
required to be probated. Since the Will was registered there was indeed
a presumption
will have acted upon by the parties.
Moreover Sri Chhotey Lal Kasera on the basis of the Will got house No. 61/11 mutated ... will in question has been challenged by Sri Chhotey Lal rather the defendant / appellant, acted upon the terms of the Will, got his name mutated
Will have participated in execution of the Will and their active
participation in registration of the Will creates a suspicious
circumstance. According to the counsel ... free will. The registration of Will by the Sub
Registrar is also one of the strongest circumstances that execution of
such Will by the testator
Will is not compulsory yet registration of a Will goes a long
way in establishing the genuineness of the Will. As I have already discussed ... executed the
Will. The Will was given to him by his sister when respondents No.1 and 2
got the mutation sanctioned. Moreover, the Will
Wills i.e. unregistered Will dated
19.5.1978 executed by Kehar Singh in his favour and his mother and
registered Will dated 3.10.1988 executed by Karam ... mutation
and no consent could have been given by her being minor.
Therefore, mutation No.1831 sanctioned on the basis of the said
unregistered Will
Will of deceased
Shingara Singh dated 26.7.2001 which was in favour of Amandeep
Singh, son of the deceased. Pursuant to the Will, mutation was
RITU ... posted at the relevant time entered mutation in the mutation
register as per bill and thereafter, it was verified by the Kanungo
that the original Will was not there in the file.
Rather, a photo copy of the will stands proved in the mutation case ... case revolves around the Will
dated 18.7.1994. The plaintiffs challenged the Will and the
defendants/respondents are relying upon that Will and the initial onus
Will dated March 26, 1971. It is not the
case of the plaintiffs that they did not know of the Will and the mutation
that ... immovable
property and would fall to the ground if the Will falls. The mutation still
remains a valuable revenue entry wherein factum of testamentary Will
