- (1.) By this order, I propose to dispose of two Regular Second Appeals i.e. RSA Nos.3297 and 3308 of 2011 both titled as Smt. Parveen Bala and another v. Om Parkash (since deceased) through his LRs and another.
(2.) Challenge in these appeals is to the judgment and decree dated 03.11.2010 passed by the Civil Judge (Senior Division), Ambala, wherein the appellants challenged the Will dated 25.04.2002 executed by Ajay Kumar by which 80% of his movable and immovable property was given to the respondents-parents namely Om Parkash and Sarla Devi and 20% was given to his son Archak son of Ajay Kumar, whereas a suit was filed by the parents for declaration to the effect that the above-mentioned Will was valid and they were entitled to the claim as per the said Will. The suit of Parveen Bala and Master Archak was dismissed and that of Om Parkash and Smt. Sarla Devi allowed holding the Will dated 25.04.2002 to be legal and valid and duly executed by Ajay Kumar. Appeals against which preferred by Parveen Bala and Archak were dismissed by the learned Additional District Judge, Ambala, on 28.04.2011 by a common order.
(3.) It is the contention of learned counsel for the appellants that the Will would entitle appellant No.2-Archak to 20% of the movable and immovable properties of Ajay Kumar and 80% of the movable and immovable properties to the respondents-parents, however, family pension would be the exclusive right of the appellants on which the respondents (parents of deceased) cannot put forth their claim.;