Hindu Succession Act, 1956- Case Law- Dauli @ Dulla Singh vs. Bachan Singh
Bench: Justice J.L. Gupta
Facts:
- Bhagwan Kaur, widow of Ishar Singh, executed a will for her property in favour of her brother and attorney, Bachan Singh, herein the Respondent.
- When she died, mutation was entered on the basis of the will in favour of the Respondent.
- Dauli, here in the Appellant is the collateral of Ishar Singh, who filed a suit for possession of the property of Bhagwan Kaur.
Issue:
Whether the collaterals of Bhagwan Kaur’s husband be entitled to her property irrespective of the will executed by her?
Contentions of the Appellants:
- There appears to be a serious doubt regarding the authenticity of the will due to the matter in which the will is written and the fact that the attesting witnesses are the relatives of the Respondent and from his village itself.
- The scribe of the will is from another village and his presence at the time of making of will cannot be accounted for.
- The Respondent had also been selling the property of Bhagwan Kaur.
Background:
The suit was dismissed twice in the lower courts. The case is at the stage of second appeal before the Single Bench of the High Court which decided the case as given below.
Judgment:
The Court while dismissing the appeal and upholding the findings of the lower courts, ruled that Bhagwan Kaur cannot be held accountable for preferring her brother over the collaterals of her husband. The contentions of the appellants were observed to be minor which occurred due to lapse in time and memory. Hence, by virtue of the will executed by Bhagwan Kaur, the Respondent shall be the owner of the property.
