- (1.) Aggrieved against the action of the revenue officer to ignore the registered will for carrying out mutation in favour of the petitioner, they have approached this Court through the present writ petition.
(2.) Respondent, Davinder Kaur, was the first wife of deceased Amrik Singh and respondents, Narinder Singh, Joginder Singh and Arjinder Singh are the sons of Amrik Singh and Davinder Kaur. It is stated that she deserted Amrik Singh long ago and started living in a different village. Amrik Singh then contracted a second marriage with Gurmit Kaur, petitioner. Out of this marriage, three sons were born and they served Amrik Singh throughout his life.
(3.) Deceased Amrik Singh executed a registered will in favour of the petitioners i.e. his second wife and three sons on 7.4.1999. Amrik Singh died on 30.9.2007. Mutation was entered in favour of the petitioners on the basis of this registered will on 7.12.2007. Davinder Kaur and her three sons contested this mutation. The petitioners claim that the registered will was proved before the Assistant Registrar by two marginal witnesses. Assistant Registrar, however, found the will to be shrouded by suspicion and sanctioned the mutation on the basis of natural succession in favour of all the six sons and first wife. He ignored second wife, which is stated to be contrary to the provisions of Section 10 of Hindu Succession Act (for short, "the Act"). As per counsel, Section 10 of the Act provides, joint succession by widow, if there are more than one widow of the deceased.;