In this case the owner of the property Jagan Nath died issueless leaving behind valuable agricultural land in Ludhiana measuring about 12 acres. The grand-daughters of Smt. Kirpo (sister of father of Jagan Nath) claims to be legal heirs of the deceased Jagan Nath. The appellant Jarnail Singh denied the relationship of the grand-daughters with Jagat Nath and said that Jagan Nath was taken care by him and Jagat Nath had executed a Will in his name.Hence they are in possession of the same from the last 15 to 16 years. With the help of the statements in cross examination of Jarnail Singh it was proved that it is highly improbable for him to render any service to deceased Jagan Nath as he was in army from the year 1960-1979 and the will was executed in the year 1970. Apart from this none other family member came in support of services rendered by them. In order to prove the due execution of will it is mandatory that two attesting witnesses should step in to prove the validity of the Will.The attesting witnesses in the cross examination gave such statements that apparently proves that the will is not duly executed as one of the was not on visiting terms with the deceased and the other was held by the court that he is not the same person who attested the Will.Moreover there statements create suspicion in the mind of the court regarding the genuineness of the will.
The court came to the conclusion after considering all the evidences that Jarnail Singh was not able to prove the genuineness of the will whereas with the help of an independent Will executed by Khushi Ram- cousin brother of Jagan Nath in favour of the Grand-daughter of Smt. Kirpo, clearly establish the relationship of grand-daughters with Jagan Nath and other family members. Jagan Nath was the true owner of the property hence the grand-daughters are the legal heirs to the property of Jagan Nath being Class II heirs.

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