Rajesh Bindal, J. - (1.) THIS order will dispose of three appeals bearing RSA Nos. 3652, 3788 and 3789 of 2008, as the same arise out of common judgment of learned Appellate Court. Inheritance to the moveable and immovable property of Gurbachan Kaur is in question.
(2.) THE suit filed by Karnail Kaur daughter of Gurbachan Kaur for declaration and possession, was decreed. In the case in hand pleaded facts are that Karnail Kaur filed a suit for declaration and possession claiming ownership of the estate left by Gurbachan Kaur deceased. It was claimed that power of attorney and the Will executed by Gurbachan Kaur deceased in favour of Bhajan Singh, her brother was forged and consequently the sale -deeds executed on the basis thereof. Gurbachan Kaur died on 15.3.1999. The plaintiff had been taking care of Gurbachan Kaur deceased. Bhajan Singh being a clever person to grab the property took her to village Maharon, at her advance stage where she expired on 15.3.1999. The will and the power of attorney were got executed by him on 16.2.1999. On the basis of power of attorney, Bhajan Singh executed about 4 -5 sale -deeds in favour of his son Ranjit Singh and Balwinder Kaur widow of Mohinder Singh, another son, on 18.2.1999 and 23.2.1999. Three days prior to her death, Gurbachan Kaur is claimed to have raised loan of Rs. 1,50,000/ - against her fixed deposit with Bank of India. In this account also, Ranjit Singh son of Bhajan Singh is shown to be the nominee. At her last stage, Gurbachan Kaur was not in need of money. Though she retired as Nurse and used to sign but still on the Will and the power of attorney her thumb impression has been put.
(3.) THE plea raised by the defendants was that the plaintiff was, in fact, not the daughter of Gurbachan Kaur. Entire issue has been raised by her to grab the property of Gurbachan Kaur. Gurbachan Kaur was having a daughter in the name of Karnail Kaur with whom she was having strained relations for about 25 years before her death. Gurbachan Kaur deceased had disinherited Karnail Kaur from her estate. Last rites of Gurbachan Kaur deceased were performed by the defendants, who used to serve her during her life time. The Will and the power of attorney were executed by her in sound state of mind. The sale -deeds were executed by Bhajan Singh during the life time of Gurbachan Kaur on her behalf. It was admitted that Gurbachan Kaur had raised a loan of Rs. 1,50,000/ - from the bank. It was also admitted that she retired as Nurse and had been drawing pension. Further explaining the thumb impression on the Will and the power of attorney, it was stated that during the last days, she had started trembling, hence, used to thumb mark the documents, including the pension documents.;