arisen for
consideration of this Court:-
(i) Whether a registered testamentary document duly proved
on the file, in accordance with the provisions of Section ... material illegality in ignoring the testamentary deposition
of Late Shri Mahender Singh only on the ground that the testamentary
document is not the `Will
testator, contested the suit
and pleaded that the Will-testamentary document as propounded is forged
and fabricated. It was further pleaded that late Sh. Bhagat ... Singh was not
competent to execute the testamentary document.
Facts which have come on record are that late Sh. Bhagat
Singh was owner
arises for determination by this Court:-
1. Whether a registered testamentary document bearing photograph of
the testator can be ignored by the Courts ... 2951 of 2015 (O&M) -2-
death, executed a registered testamentary document (Will) on 27.08.2004
which was got registered on 02.09.2004. The testamentary document
namely
Kishanwati-plaintiff and Dayawati-defendant No.11. He executed a
testamentary document (Will) dated 30.03.1994 bequeathing his entire
property in favour ... Some of the properties, details whereof, given in the
testamentary document dated 30.03.1994, were mutated in favour of two
wives named above
late Smt. Manjit Kaur who died on 27.06.2003. She executed two
testamentary documents, first testamentary document is dated 09.04.2003
which deals with the property situated ... grandson Baljinder Singh (son of pre-deceased son Santokh
Singh). Second testamentary document is dated 25.06.2003 through which
she bequeaths her property situated in Village
favour of defendant No.2 by a testamentary document. The suit has been
partly decreed. The appeal filed against the same has also been dismissed ... bequeathing testamentary succession of
Balwant Singh son of Sajjan Singh on 28.04.1997. Since both the Courts
below have already held that the testamentary document dated
entitled to claim that right given to her in the testamentary document
has enlarged into the full ownership in terms of Section ... with regard to the
estate of Chanda Singh. He executed a testamentary document dated
22.07.1960. As per the testamentary document, he bequeathed his entire
property
Learned first
appellate court has recorded a finding that the Will-testamentary document
has not been proved as per Sections ... frame any issue on the validity of the Will-testamentary
document and therefore, no evidence was led.
In the considered opinion of this court
stated that he never put his thumb impression on the Will-testamentary
document and he never attested the Will as a attesting witness. Learned
counsel ... appellants, it is significant to note that the aforesaid testamentary document
dated 25.08.1971 has been for the first time produced claiming succession
to the property
death of her
husband on the basis of a Will-testamentary document. Thus, Smt. Jagir
Kaur Dhillon became owner. She executed a registered Will ... careful examination of the pleadings, it is apparent that the
testamentary document executed by Smt. Jagir Kaur, mother of the landlady
has not been disputed
