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High Court of Himachal Pradesh · body

2025 DAILYLAW 24849 (HP)

STATE v. NANAK DASS

CMP.M/1842/2024 · 2025-03-01

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of HP & Ors. Vs. Nanak Dass (since deceased) through LRs. RFA No.298 of 2009 24.03.2025 Present: Mr. B.N. Sharma, Mr. Diwakar Dev Sharma and Mr. Raj Kumar Negi, Addl. Advocates General with Mr. R.P. Singh and Mr. Manish Thakur, Dy. Advocates General, for the appellants/State. Mr. Ajay Sipahiya, Advocate, for LRs of deceased respondents No.1(a), 1(c), 1(d)(i) to 1(d)(v) & 1(e). Mr. Ajeet Singh Saklani, Advocate, for respondents No.1(i), 1(j), 1(k)(i) to 5(k)(v) and 1(l) to 1(n). Mr. K.D. Sood, Sr. Advocate with Mr. Vivek Thakur, Advocate, for respondent No.1(h) CMP No.8735 of 2023 The present application has been filed on behalf of the legal heirs of deceased respondent No.1(i)-Vidya Devi. Vidya Devi was the daughter of deceased Nanak Dass i.e. the sole respondent, in the case at hand. Sole respondent-Nanak Dass has expired on 02.10.2013. Legal heirs of deceased sole respondent were brought on record vide order dated 07.03.2017. A perusal of the said order categorically reflects that deceased respondent-Nanak Dass had executed a registered Will. By virtue of the said registered Will, he had bequeathed his property in favour of his sons only. A mutation of inheritance stand attested on the basis of the same. By virtue of the same, daughters of deceased respondent-Nanak Dass were not given any share in the property so acquired. In view thereof, present application filed on behalf of the legal heirs of the daughter of deceased respondent -Nanak Dass is misconceived. The applicants are free to proceed in accordance with law with respect to the claim sought to be raised by way of the present application. Application stands disposed of. (Bipin C. Negi) Judge 24th March, 2025 (Gaurav Rawat)