Harjinder Kaur vs Gurmeet Kaur

RSA-1599-2023 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
135 RSA- 1599-2023 (O&M)
Date of decision: 08.09.2026
Harjinder Kaur
....Appellant
Vs.
Gurmeet Kaur
....Respondent
CORAM : HON’BLE MR. JUSTICE HARSH BUNGER
Present: Ms. Kiranjeet Kaur, Advocate
for the appellant.
*
HARSH BUNGER J.
1. For convenience, the parties herein are being addressed as per
their status in the original suit.
2. This is the defendant’s regular second appeal challenging the
judgment and decree dated 16.12.2019 passed by learned Civil Judge (Junior
Division), Zira, as well as the judgment and decree dated 23.01.2023 passed
by learned District Judge, Ferozepur.
3. Briefly, the respondent/plaintiff (Gurmeet Kaur) filed a suit
seeking declaration that she is owner of land measuring 14 kanal 14 marla 5
Sarsai being 1/2 share out of land measuring 29 kanal 9 Marla 2 Sarsai.
Further, the consequential relief of permanent injunction was also sought.
3.1 The plaintiff filed the aforesaid suit on the plea that her husband
Jaspreet Singh son of Bakshish Singh died in a road accident, regarding
which she filed a claim petition before the learned Motor Accident Claims
Tribunal, Ferozepur.
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3.2 Jaspreet Singh died leaving behind the plaintiff as his widow
and his mother (Harjinder Kaur – present appellant/defendant) as his legal
heirs.
3.3 Plaintiff claimed that after demise of Jaspreet Singh, she being
the widow and the present appellant/defendant being his mother are entitled
to inherit the estate of Jaspreet Singh in equal share. Plaintiff claimed that
Jaspreet Singh died intestate and he never executed any Will during his
lifetime.
3.4 It is averred that after the death of Jaspreet Singh, the present
appellant/defendant in connivance with witnesses, scribe and some officials
of Revenue Department, has set up forged and fabricated Will dated
27.03.1998 in her (Harjinder Kaur) favour. Plaintiff cited various suspicious
circumstances surrounding the alleged Will. It was stated that alleged Will
dated 27.03.1998 was forged and fabricated and in an inquiry dated
16.04.2015 conducted by Economic Offence Wing, Ferozepur, the concerned
Naib Tehsildar denied his signatures on the alleged Will dated 27.03.1998
and even the Assistant Registration Clerk stated that the Will is not
registered at Vasika No.422. It was stated that after a thorough inquiry a case
FIR No.93 dated 05.08.2015 under Sections 420, 465, 467, 468, 471, 120B
IPC has been registered against the present appellant/defendant (Harjinder
Kaur) and others at Police Station, Cantt Ferozepur.
3.5 It is the case of the plaintiff that she asked the
appellant/defendant (Harjinder Kaur) to admit her claim, however, she
refused to do so, accordingly, the suit was filed.
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4. Upon issuance of notice in the aforesaid suit, defendant
appeared and opposed the claim of the plaintiff, wherein various preliminary
objections were raised.
4.1 Defendant claimed that the alleged Will dated 27.03.1998 was a
genuine Will as Jaspreet Singh (testator) was suffering from a critical disease
and since plaintiff did not take care of the Jaspreet Singh during his lifetime
and that the plaintiff usually resided at her parental house even after the
marriage, therefore, Jaspreet Singh did not cancel the Will even after his
marriage. It was stated that a false FIR was registered against defendant and
others
5. From the pleading of the parties, following issues were framed
by the learned Trial Court:-
“I. Whether plaintiff is entitled to declaration as prayed?OPP
II. Whether plaintiff is entitled to consequential relief of
permanent injunction?OPP
III. Whether suit of the plaintiff is not maintainable? OPD
IV. Relief.”
6. Thereafter, the parties led their respective evidence in support
of their pleaded case.
7. The learned Trial Court after considering the facts, pleadings as
well as evidence available on record, decreed the suit filed by the plaintiff
vide judgment and decree dated 16.12.2019, by holding that the Will in
question is surrounded by suspicious circumstances and that the defendant
has failed to prove that the Will dated 23.07.1998 is a genuine document.
Consequently, even the mutation No.2780, which was registered on the basis
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of the aforesaid Will dated 23.07.1998, was declared to be illegal, null and
void, and accordingly set aside.
8. Feeling aggrieved, the defendant preferred an appeal before the
learned District Judge, Ferozepur, which came to be dismissed vide
judgment and decree dated 23.01.2023.
9. In the aforementioned circumstances, present regular second
appeal has been filed by appellant/defendant before this Court.
10. I have heard the learned counsel for the appellant and perused
the paperbook with her able assistance.
11. In the present case, the dispute primarily revolves around the
estate of Jaspreet Singh, who was the husband of plaintiff and son of the
appellant/defendant. Concededly, Jaspreet Singh expired in a roadside
accident and was survived by his wife i.e. plaintiff (Gurmeet Kaur) as well
as his mother i.e. present appellant/defendant (Harjinder Kaur).
12. Plaintiff claimed that Jaspreet Singh died intestate and did not
execute any Will during his lifetime, however, the appellant/defendant in
connivance with the witnesses, scribe as well as the revenue officials has set
up a forged and fabricated Will allegedly executed by Jaspreet Singh.
Plaintiff cited various suspicious circumstances surrounding the alleged
Will.
12.1 On the other hand, the present appellant/defendant raised her
claim on the basis of alleged Will dated 27.03.1998 by maintaining that the
same was a genuine Will.
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13. The learned Trial Court discarded the Will dated 27.03.1998 as
being surrounded by suspicious circumstances. The following suspicious
circumstances have been pointed out:-
(a) At the time of execution of alleged Will dated
27.03.1998, the testator – Jaspreet Singh was aged about
24 years. Although there is no bar for a young man
executing a Will but the propounder has to disclose the
circumstances in which the alleged Will was executed.
The defendant had pleaded that Jaspreet Singh was
suffering from a chronic disease at the time of execution
of will; however, no medical record, particulars of the
disease, treatment, hospital or attending doctor were
produced to substantiate the said assertion;
(b) As per the revenue record i.e. Jamabandi for the year
1996-97 produced by PW-4 Rakesh Kumar (Patwari),
there was no land in the name of Jaspreet Singh at the
time of execution of Will;
(c) Jaspreet Singh was young, unmarried, and admittedly
held no property at the time of execution of the Will. At
that time, his mother (defendant) was the sole legal heir,
therefore, the Will did not alter the natural succession.
(d) As per statement of PW6 - Kanwar Narinder Singh, (who
was posted as Naib Tehsildar, Ferozepur in 1998), the
alleged Will did not bear his signature. It was also
noticed that, during the enquiry conducted by the
Economic Offences Wing, he had denied his signature
and stated that an attempt had been made to forge the
same;
(e) That on the copy of the Will (Ex. D1), the original being
attached with the criminal case FIR No.93, the signatures
of the Sub-Registrar were not visible. Further, the name
and designation of the Numberdar were not mentioned
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and only the word "witness" appeared to have been
typed.;
(f) Angrej Singh, one of the attesting witnesses, was the real
brother of the testator. The other witness was shown as
the Numberdar of Ferozepur, who had already died, and
the Trial Court found that the Will did not bear his
genuine signature;
(g) Will contained a recital that, in the event of Jaspreet
Singh getting married, his wife would have no right in
the property. No reason was stated in the Will as to why a
wife, who did not even exist at the time of execution of
alleged Will, was sought to be excluded from succession;
(h) The alleged Will, though purported to bear Wasika No.
422 dated 27.03.1998, was not found entered in Volume
No. 153 in the office of the Sub-Registrar, Ferozepur.
Sh. Kewal Krishan, Assistant, office of the Tehsildar,
Ferozepur, categorically stated during the enquiry before
Economic Offence Wing that the Will was not registered
at Wasika No. 422;
(i) The photocopy produced by DW-2 Harjinder Kaur with
endorsement Mark PS1 reflected Volume No.133,
whereas will (Ex.D-1) reflected Volume No.153;
(j) During inquiry before Economic Offence Wing, the
signatures of Jaspreet Singh on the disputed Will were
got compared with his standard/admitted signatures
obtained from the record of Oriental Bank of Commerce,
Zira, and as per the report of Finger Print/Handwriting
Expert they were found not to have been made by the
same person;
(k) That pursuant to the enquiry conducted by the Economic
Offences Wing, FIR No.93 dated 05.08.2015 under
Sections 420, 465, 467, 468, 471 and 120-B IPC had
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RSA-1599-2023 (O&M) -7-
been registered against the defendant and her son Angrej
Singh in relation to the alleged forgery of the Will;
(l) That none of the inhabitants of village Kamal Wala,
where the testator resided, had been associated as an
attesting witness to the Will.
14. The findings returned by learned Trial Court have been further
affirmed by the learned First Appellate Court vide judgment and decree
dated 23.01.2023 , by holding as under:-
“28. In the present case, deceased Jaspreet Singh was aged 24
years at the time of executing Will. He was admittedly not
holding any property at that time and in case he would have
any property and would have died at that age, then his mother
was the only legal heir. So, by executing this Will, he was not to
bring any change in the natural disposition of his property after
his death. All these circumstances that he was a young man of
24 years, he was not having any property in his name at that
time and even otherwise his mother was only natural heir, so,
by executing that Will, at that time, he has not brought any
change into his natural succession. In such circumstances,
execution of Will is surrounded by suspicious circumstance and
the learned lower court has rightly held that defendant has
failed to dispel those suspicious circumstances and judgments
relied upon by learned counsel for the appellant/defendant in
Sundhri (Dead) Through Lrs Vs. Lala Ram (Dead) Through
Lrs, 2005(2) Civil Court Cases 733 and Daljinder Singh Vs.
Harbans Kaur, 2001(2) Civil Court Cases 530 are not relevant
in the present set of circumstances. When registration of
document itself is suspicious, then it cannot be concluded that
the registration of document is a strong circumstance to prove
genuineness of the Will.
29. As regards Will has not been scribed by regular
professional scribe is concerned, no doubt, same alone is not
ANKIT
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suspicious circumstance, as has been held by Hon'ble Punjab
and Haryana High Court in Sewa Kaur Vs. Mohan Singh
(deceased) through his Lrs & Ors, 2019(3) Civil Court Cases
303 . But in the present case entire sequence of events makes the
fact that Will has not been scribed by regular scribe also
doubtful circumstance, as Sub Registrar has denied registering
Will. Will does not find its place at Jild no.153, whereas, as per
endorsement Ex.D2, it should have been there. It is tried to be
proved to exist at jild no.133 but relevant pages are found
unpasted and the documents unstuck. In such circumstances,
Will having not been scribed by regular deed writer and
defendant not leading any evidence to disclose the name of
person, who scribed the Will are suspicious circumstances and
learned lower court has rightly held that Will is surrounded by
suspicious circumstances, as such, cannot be relied upon and in
the absence of Will, plaintiff being widow of deceased Jaspreet
Singh is entitled to succeed him in equal shares as that of
appellant/defendant and suit of the plaintiff, as such, is very
well maintainable in the present form and there is no illegality
or infirmity in the findings recorded by the learned lower court
and the appeal filed by the appellant is hereby dismissed.
Decree be drawn. Record of learned trial court be returned.
Copy of this judgment be placed on record of learned trial
court. Appeal file be consigned to concerned record room,
Ferozepur.”
15. Before this Court, learned counsel appearing for the appellant
has failed to dislodge the observations made by the learned Courts below
indicating that the Will propounded by the present appellant/defendant was
surrounded by suspicious circumstances.
16. Having gone through the findings/observations recorded in the
impugned judgments and decrees passed by the learned Courts below, I am
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of the considered view that the same are based on proper appreciation of
facts, pleadings as well as evidence available on record, which does not call
for any interference by this Court. No question of law, much less substantial
question of law arises for adjudication in this regular second appeal.
17. Resultantly, the instant regular second appeal fails and the same
is accordingly dismissed .
18. All the pending application(s), if any, shall also stand closed.
(HARSH BUNGER)
08.09.2026 JUDGE
Ankit
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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