KARTAR KAUR AND ANR. versus MILKHO AND ORS.

KARTAR KAUR AND ANR. versus MILKHO AND ORS.

The propounder of the Will failed to dispel suspicious circumstances beyond reasonable doubt. Both the Will and the subsequent sale deeds were found to be part of a conspiracy to deprive the appellants of their rightful succession. Technicalities, including the absence of a specific prayer for setting aside sale deeds, do not prevent rendering complete justice under Articles 136 and 142 of the Constitution. Accordingly, the Will and sale deeds are not valid or binding on the appellants.

Parties
Appellant: Kartar Kaur; Appellant: Balwinder Kaur (also referred as Karamjeet Kaur); Respondent: Milkho; Respondent: Darshan Singh; Respondent: Mrs. Rekha Palli; Respondent: Atul Sharma
Jurisdiction
India
Judgment Date
29 October 1996
Procedural Posture
Civil Appeal / Supreme Court Appeal From Decision of Punjab and Haryana High Court
Outcome
appeal allowed
Legal Topics
Will Validity, Suspicious Circumstances Surrounding Will, Succession Rights, Registered Will, Alienation of Property, Sale Deeds, Conspiracy in Property Alienation, Technicalities in Justice Under Article 136 and 142
Succession Law Property Law Civil Procedure Will Validity Suspicious Circumstances Surrounding Will Succession Rights Registered Will Alienation of Property +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kartar Kaur

Appellant

Balwinder Kaur (also referred as Karamjeet Kaur)

Appellant

Milkho

Respondent

Darshan Singh

Respondent

Mrs. Rekha Palli

Respondent

Atul Sharma

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Decision of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether the Will executed by Atma Singh is genuine and binding.
  2. 2 Whether the sale deeds executed by Atma Singh in favour of Milkho's son are valid and binding on the appellants.
  3. 3 Whether technicalities prevent setting aside sale deeds in absence of specific prayer.

Ratio Decidendi

The propounder of the Will failed to dispel suspicious circumstances beyond reasonable doubt. Both the Will and the subsequent sale deeds were found to be part of a conspiracy to deprive the appellants of their rightful succession. Technicalities, including the absence of a specific prayer for setting aside sale deeds, do not prevent rendering complete justice under Articles 136 and 142 of the Constitution. Accordingly, the Will and sale deeds are not valid or binding on the appellants.

Court Disposition

appeal allowed

Orders

  • Will alleged to have been executed by Atma Singh is not binding on appellants.
  • Sale deeds in favour of second respondent (Milkho's son) are not valid and binding on appellants.