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2001 DIGILAW 1251 (PNJ)

Nasib Kaur v. Surjit Kaur

2001-11-07

KARL REDDY

body2001
ORDER Karl Reddy, FC. - This is a petition under Section 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 11.5.1998 of the Commissioner, Ferozepur Division, Ferozepur, the order dated 24.9.1997 of the Additional Deputy Commissioner-cum-Collector, Muktsar. 2. Mutation No. 5625 pertaining to inheritance of Mehar Singh deceased was sanctioned in favour of Smt. Nasib Kaur, present petitioner by the Sub- Division Officer (Civil)-cum-Assistant Collector Ist Grade, Gidderbaha vide order dated 26.3.1997 on the basis of unregistered will dated 29.11.1987. This order was set aside in appeal vide aforesaid order of the Additional Deputy Commissioner-cum-Collector, Muktsar and was confirmed in second appeal by the Commissioner, Ferozepur Division, Ferozepur as aforesaid. Hence the present petition. 3. Nasib Kaur, petitioner is one of the three daughters of the deceased. The other two daughters are Surjit Kaur and Balbir Kaur, present respondents. Balbir Kaur admitted the correctness of the will before the Assistant Collector Ist Grade. However, Surjit Kaur challenged it. 4. The petitioner is a widow and issueless. She was staying with her late father at the time of his death. The other two daughters are well settled. The Assistant Collector Ist Grade had held that it was but natural that the father should wish to safeguard the future of Nasib Kaur by executing a will in her favour. 5. However, the suspicious circumstances attached to the will have not been dispelled. Apart from the discrepancies in the statements of the attesting witnesses, the mutation of inheritance was entered by the patwari vide rapat No. 119 dated 5.11.1990 of Rapat Roznamcha on the statement of Nasib Kaur that the mutation be entered on the basis of natural succession. The will was produced after about 5 years. The signatures of the deceased on the will are in Punjabi whereas it has been contended that all other documents were signed in Urdu by deceased. The petitioner was unable to produce any authentic document signed by the deceased in Punjabi despite opportunity granted for the same. 6. Accordingly, the petition is dismissed. Announced. Petition dismissed.