- (1.) Defendants No.1 to 3 having lost in both the Courts below are in second appeal. Dispute relates to inheritance of Balwant Singh, who had three sons namely Davinder Singh @ Surjit Singh (since deceased) and Harpal Singh and Harminder Singh (defendants No.2 and 3), a daughter Rashpal Kaur-defendant No.4 and left behind widow Balbir Kaur-defendant No.1. Davinder Singh @ Surjit Singh had predeceased Balwant Singh. Respondents No.1 to 4/plaintiffs are widow, 2 minor sons and a minor daughter of Davinder Singh @ Surjit Singh. However, plaintiff No.1 had remarried after the death of her first husband and during the lifetime of Balwant Singh. Plaintiffs in the suit claimed 1/5 th share in the suit property belonging to Balwant Singh on account of natural inheritance. Defendants, however, set up registered Will dated 06.04.1994 allegedly executed in favour of defendants No.1 to 3 i.e. widow and two surviving sons, by Balwant Singh.
(2.) Since plaintiff no.1 had remarried during the lifetime of Balwant Singh, she was not natural heir of Balwant Singh. Accordingly, the suit on her behalf has been dismissed. However, suit has been decreed in favour of plaintiffs No.2 to4 by both the Courts below granting them 1/5 th share in the suit property belonging to Balwant Singh. Feeling aggrieved, defendants have filed this second appeal.
(3.) I have heard learned counsel for the parties and perused the case file.;