Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RSA-1125 of 1997 (O&M) Piar Kaur (Deceased) through LRs . . . . Appellants Vs. Kartar Kaur (Deceased) through LRs . . . . Respondents **** Reserved on : 19.03.2026 Pronounced on : 17.04.2026. Pronounced Fully/Opera:ve Part: Fully ****
CORAM:
HON’BLE MR JUSTICE DEEPAK GUPTA **** Argued by: - Mr. Baldev Raj Mahajan, Sr. Advocate with Ms. Nikita Goel, Advocate for the appellants. Mr. Rakesh Gupta, Advocate For the respondents. **** DEEPAK GUPTA, J. The present appeal has been preferred by the defendant against the concurrent findings recorded by both the Courts below, whereby the suit for declara-on filed by the plain-ff–Smt. Kartar Kaur was decreed by the learned trial Court vide judgment & decree dated 03.10.1991, and the appeal preferred by the defendant was dismissed by the learned First Appellate Court on 07.01.1997. 2. For the sake of clarity, the par-es are referred to as per their status before the trial Court. Trial Court record, available on DMS, has been perused. 3. The dispute relates to land measuring 138 kanal 7 marla situated in the revenue estate of village Ra9a Khera Lukman, Tehsil Guhla, District Kurukshetra, which was owned by Smt. Labh Kaur, who died on 25.09.1982 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) leaving behind her two daughters, namely the plain-ff and the defendant, who are thus real sisters. 4.1 The case set up by the plain-ff is that a<er her marriage, she along with her husband started residing with her mother, who had no male issue, and both of them used to serve her and cul-vate the suit land. It is pleaded that on account of love and affec-on and in recogni-on of the services rendered, Smt. Labh Kaur executed an unregistered will dated 30.03.1982 in favour of the plain-ff with respect to her en-re estate. On the strength of the said will, the plain-ff claimed herself to be the exclusive owner in possession of the suit land. 4.2 However, a<er the death of Smt. Labh Kaur, muta-on No. 530 dated 05.12.1983 came to be sanc-oned in favour of both the sisters. The plain-ff challenged the said muta-on before the revenue authori-es, but the ma9er was relegated to the Civil Court on the ground that complicated ques-ons regarding the validity of the Will were involved. In the mean-me, the muta-on in favour of both the par-es con-nued to hold the field.
It is in these circumstances that the plain-ff ins-tuted the present suit seeking a declara-on to the effect that she is the exclusive owner in possession of the suit land on the basis of the Will and that the muta-on sanc-oned in favour of both the par-es is illegal and not binding upon her rights. 5. The defendant contested the suit by denying the execu-on and validity of the alleged Will and asser-ng that the same was forged and fabricated. It was pleaded that upon the death of Smt. Labh Kaur, both the daughters succeeded to the estate in equal shares by way of natural succession and that the muta-on sanc-oned in their favour was legal and valid. 6. On the basis of the pleadings, the trial Court framed necessary issues and the par-es led evidence in support of their respec-ve stands. Upon apprecia-on of the evidence on record, the learned trial Court came to the conclusion that the Will dated 30.03.1982 stood duly proved. The a9es-ng NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) witnesses as well as the deed writer supported the execu-on of the Will, and their tes-monies remained intact in cross-examina-on. The trial Court further found that the plain-ff and her husband had been residing with the deceased and were serving her, and that the husband of the plain-ff was in cul-va-ng possession of the suit land during the life-me of Smt. Labh Kaur. The discrepancies pointed out by the defendant were held to be minor and not sufficient to discard the otherwise reliable evidence. Accordingly, the suit was
decreed.
7. The First Appellate Court, on a re-appraisal of the en-re evidence, concurred with the findings recorded by the trial Court and dismissed the appeal filed by the defendant. 8.1 Assailing the aforesaid concurrent findings recorded by both the Courts below, learned senior counsel appearing on behalf of the appellant– defendant has vehemently contended that the alleged Will dated 30.03.1982 is surrounded by grave and unexplained suspicious circumstances, which have been completely overlooked by the Courts below. 8.2 It is argued that the testatrix, Smt. Labh Kaur, was an aged illiterate lady of about 80–85 years and a resident of village Ra9a Khera Lukman, Tehsil Guhla. However, the Will is alleged to have been executed at Samana (Punjab), despite the availability of deed writers as well as registra-on facili-es at Guhla itself. No explana-on has been furnished as to why the testatrix would travel to another town for execu-on of an unregistered Will. It is further contended that although she remained alive for about six months a<er the alleged execu-on, the Will was never got registered, which adds to the suspicious nature of the document. 8.3 Learned senior counsel has further submi9ed that it is highly improbable that an elderly rus-c lady would travel alone to Samana and stay there overnight for the purpose of execu-on of a Will, par-cularly when she was residing with the plain-ff. This circumstance becomes more doubGul in NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) view of the tes-mony of the a9es-ng witness Dalip Singh, who stated that the testatrix had come to Samana one day prior to execu-on of the Will and was alone. 8.4 It is next contended that the circumstances regarding discovery of the Will are wholly unnatural and inconsistent. The plain-ff has taken the stand before revenue authori-es that she came to know about the Will nearly one year a<er the death of the testatrix and that the same was found amongst discarded papers. Such a version, according to the learned counsel, is inherently improbable, as a document of such importance would not ordinarily be kept in such a casual manner. 8.5
Learned counsel has also pointed out material contradic-ons between the statements of the plain-ff and her husband. While the plain-ff claimed that she came to know about the Will a<er about one year, her husband stated that the Will was discovered within 10–15 days of the death of the testatrix and was taken to the Patwari shortly therea<er. This inconsistency, it is argued, goes to the root of the ma9er. 8.6 It is further submi9ed that despite the alleged existence of the Will, no steps were taken by the plain-ff to get muta-on sanc-oned in her favour. On the contrary, it was the defendant, who approached the revenue authori-es and got muta-on entered in favour of both sisters a<er a lapse of more than one year. This conduct is wholly inconsistent with the normal course of human behaviour and casts serious doubt on the genuineness of the Will. 8.7 Learned senior counsel has also drawn a9en-on to discrepancies in the tes-mony of the a9es-ng witnesses, par-cularly regarding the age of the testatrix. One of the witnesses stated her age to be around 60 years, whereas the record indicates that she was about 80–85 years old. Such a material discrepancy, according to the learned counsel, renders the tes-mony unreliable. Page 4 of 10 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) 8.8 The principal submission, however, relates to the thumb impressions on the Will. It is argued that the scribe as well as the a9es-ng witnesses categorically deposed that the testatrix had affixed her right thumb impression on the Will as well as on the register of the scribe. However, the expert evidence clearly establishes that the thumb impressions on the Will are of the le< hand. This contradic-on, it is contended, strikes at the root of the plain-ff’s case and creates serious doubt about the authen-city of the document. 8.9 It is further argued that no effort was made by the plain-ff to compare the thumb impressions on the Will with any admi9ed thumb impressions of the testatrix. The comparison was confined only to the register of the scribe, which cannot conclusively establish that the thumb impressions are those of Smt. Labh Kaur. It is thus contended that the possibility of impersona-on or fabrica-on cannot be ruled out.
8.10 In support of the aforesaid submissions, reliance has been placed upon Prithi Singh vs. Saran Singh and others, 2006(4) RCR (Civil) 66, wherein it has been held that in rural prac-ce, males ordinarily affix le< thumb impressions, whereas females affix right thumb impressions, and devia-on from such prac-ce, if unexplained, cons-tutes a suspicious circumstance. Similar reliance has been placed on Bishan Singh (dead) through LRs vs. Saran Singh and others, 2006(4) RCR (Civil) 226; Balbir Kaur @ Balvir Kaur vs. Kewal Singh and others, 2011(5) RCR (Civil) 850; Smt. Harbans Kaur vs. Anoop Singh and another, 1991 (1) Shimla Law Journal 217; and M/s Ambi/on Poultry Farm vs. Jagir Kaur and others, 2018(4) PLR 729, to contend that failure to explain such devia-on renders the Will doubGul and unworthy of reliance. 8.11 On the strength of these submissions, it is prayed that the judgments and decrees passed by the Courts below be set aside and it be held that both daughters are en-tled to inherit the estate of Smt. Labh Kaur in equal shares by way of natural succession. Page 5 of 10 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) 9.1 Per contra, learned counsel appearing on behalf of the respondent–plain-ff has supported the concurrent findings recorded by the Courts below and contended that the Will stands duly proved in accordance with law. It is submi9ed that both the a9es-ng witnesses as well as the scribe have supported the execu-on of the Will and their tes-monies inspire confidence. 9.2 It is further argued that the mere fact that the thumb impressions are of the le< hand would not render the Will invalid, par-cularly in rural seIngs where such dis-nc-ons are not strictly adhered to. It is contended that minor discrepancies or irregulari-es cannot outweigh the otherwise cogent evidence led by the plain-ff. 9.3
Learned counsel thus submits that the concurrent findings of fact recorded by the Courts below are based on proper apprecia-on of evidence and do not call for interference in second appeal. 10. Having heard learned counsel for the par-es and upon perusal of the record, the following substan-al ques-on arises for considera-on in the present appeal: Whether the Will dated 30.03.1982 propounded by the plain-ff stands duly proved in accordance with law, and whether the concurrent findings recorded by the Courts below suffer from perversity on account of ignoring material suspicious circumstances surrounding the execu-on of the Will? 11. The present appeal arises out of concurrent findings of fact recorded by both the Courts below. It is trite that the jurisdic-on of this Court under Sec-on 100 of the Code of Civil Procedure is confined to substan-al ques-ons of law. However, it is equally well se9led that where the findings recorded by the Courts below are vi-ated on account of misreading of evidence, non-considera-on of material evidence, or are otherwise perverse, this Court would be jus-fied in interfering with such findings. Page 6 of 10 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M)
12. In the present case, the controversy revolves around the validity and due execu-on of the Will dated 30.03.1982 allegedly executed by Smt. Labh Kaur in favour of the plain-ff. The law rela-ng to proof of Wills is no longer res integra. A Will is required to be proved in terms of Sec-on 63 of the Indian Succession Act, 1925 read with Sec-on 68 of the Indian Evidence Act,
1872. However, mere proof of execu-on in a mechanical manner is not sufficient. Where suspicious circumstances surround the execu-on of the Will, the onus lies heavily upon the propounder to remove such suspicion and to sa-sfy the conscience of the Court that the document truly represents the last testament of the testator. 13. In the case at hand, several circumstances emerge from the record which, in the considered opinion of this Court, create serious doubt regarding the genuineness of the Will. 14. The first circumstance pertains to the place of execu-on of the Will. The testatrix was an aged lady of about 80–85 years, residing in village Ra9a Khera Lukman (Haryana). The Will is alleged to have been executed at Samana (Punjab).
No explana-on whatsoever has been furnished as to why she would travel to another town for execu-on of the Will, par-cularly when facili-es of deed writers and registra-on were admi9edly available at Guhla itself. This unexplained circumstance assumes significance in view of the age and condi-on of the testatrix. 15. The second circumstance relates to the conduct of the plain-ff in rela-on to the Will. The plain-ff has taken the stand before revenue authori-es that she came to know about the Will nearly one year a<er the death of the testatrix and that it was found amongst discarded papers. Before court, she says that she found Will from the trunk of her mother. Such a version does not inspire confidence. A document of such importance would ordinarily be preserved with due care. Page 7 of 10 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M)
16. Moreover, there are material contradic-ons between the statements of the plain-ff and her husband regarding the discovery of the Will, which further weaken the case set up by the plain-ff. While the plain-ff (PW-2) stated that she came to know about the Will nearly one year a<er the death of Smt. Labh Kaur, her husband, Subheg Singh, deposed that the Will was discovered within 10–15 days of the death and was taken to the Patwari shortly therea<er. This inconsistency casts serious doubt on the genuineness of the Will. 17. Equally significant is the conduct of the plain-ff in not taking any steps to get muta-on sanc-oned in her favour on the basis of the Will. On the contrary, it was the defendant who got the muta-on entered in favour of both the sisters, more than one year & 3 months of death of Labh Kaur. If the Will had indeed been in existence and within the knowledge of the plain-ff, she would have taken immediate steps to assert her rights.
The inac-on on her part is a circumstance, which cannot be lightly ignored. 18. The evidence of the a9es-ng witnesses also does not inspire full confidence. The version of a9es-ng witness - PW8 Dalip Singh that the testatrix, at such an advanced age, travelled alone to Samana and stayed overnight for execu-on of the Will, appears unnatural and improbable. Further, discrepancies regarding the age of the testatrix, as deposed by the witnesses, cast doubt on their credibility. 19. The most significant circumstance, however, relates to the thumb impressions on the Will. The a9es-ng witnesses and the scribe have consistently stated that the testatrix affixed her right thumb impression. However, the expert evidence on record indicates that the thumb impressions on the Will are of the le< hand. This contradic-on is not a trivial discrepancy but strikes at the very root of the plain-ff’s case. 20. Normally in rural areas, males ordinarily affix le< thumb impressions, whereas females affix right thumb impressions. This conven-on NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M) aids in verifica-on and comparison with admi9ed thumb impressions. Any unexplained devia-on from this prac-ce raises suspicion, as it may be used to avoid iden-fica-on and facilitate fabrica-on. Such devia-on can be accepted only if jus-fied by valid reasons, such as physical disability. 21. It is also noteworthy that the plain-ff did not take any steps to get the thumb impressions on the Will compared with any admi9ed thumb impressions of the testatrix. The comparison relied upon is only with the register of the scribe, which cannot conclusively establish that the thumb impressions on the Will are those of Smt. Labh Kaur. In the absence of such corrobora-ve evidence, the possibility of fabrica-on or impersona-on cannot be ruled out. 22. The Courts below have brushed aside these circumstances by terming them as minor discrepancies.
However, in the considered opinion of this Court, the aforesaid circumstances are not minor in nature but go to the root of the ma9er and create a legi-mate suspicion regarding the execu-on of the Will. 23. The law is well se9led that where suspicious circumstances exist, the burden on the propounder of the Will becomes heavier. The propounder is required to remove all such suspicious circumstances by leading cogent and convincing evidence. In the present case, the plain-ff has failed to discharge this burden. 24. The issue rela-ng to thumb impressions assumes par-cular significance. Judicial precedents have consistently held that devia-on from the normal prac-ce regarding thumb impressions, if unexplained, cons-tutes a suspicious circumstance. In the present case, no explana-on has been furnished as to why the alleged testatrix affixed le< thumb impressions when, as per the consistent tes-mony of the witnesses, she had affixed right thumb impressions. This contradic-on further deepens the suspicion surrounding the Will. Page 9 of 10 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document
RSA-1125 of 1997 (O&M)
25. In view of the cumula-ve effect of the aforesaid circumstances, this Court is of the considered opinion that the Will propounded by the plain-ff cannot be said to have been proved in accordance with law. The findings recorded by the Courts below, in ignoring these material aspects, suffer from perversity and are liable to be set aside. 26. Consequently, the substan-al ques-on of law is answered in favour of the appellant–defendant. 27. The present appeal is allowed. The judgments and decrees passed by the learned trial Court dated 03.10.1991 and the learned First Appellate Court dated 07.01.1997 are hereby set aside. The suit filed by the plain-ff stands dismissed. It is held that upon the death of Smt. Labh Kaur, both the plain-ff and the defendant, being her daughters, succeeded to her estate in equal shares by way of natural succession. Pending applica-ons, if any, shall also stand disposed of.
(DEEPAK GUPTA) 17.04.2026 JUDGE Jiten/Neeka Whether Speaking/reasoned Yes Whether reportable No Uploaded on 18.04.2026 NEETIKA TUTEJA 2026.04.18 12:15 I attest to the accuracy and integrity of this document