The High Court
Case Details
RSA-1972-1997 1997 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA OF PUNJAB AND HARYANA IN THE HIGH AT CHANDIGARH AT CHANDIGARH -.- RSA-1972-1997 (O&M) RSA Reserved on: Reserved on:-07.11.2025 Pronounced on Pronounced on : 01.12.2025 Uploaded on:- 02.12.2025 Uploaded on: Whether only operative part of the judgment is Whether only operative part of the judgment is Pronounced or the full judgment is pronounced: Pronounced or the full judgment is pronounced: operative part/full judgment Jasjeet Singh ....Appellant VERSUS Kuldip Singh (since deceased) through LRs Singh (since deceased) through LRs ....Respondent CORAM : HON’BLE MS. JUSTICE MANDEEP PANNU HON’BLE MS. JUSTICE MANDEEP PANNU Mr. Arshdeep S. Khaira, Advocate for the appellant. Present: Mr. Arshdeep S. Khaira, Advocate for the appellant. Mr. Arshdeep S. Khaira, Advocate for the appellant. Respondent Nos. 1(i) and 1(ii) proceeded against ex-parte Respondent Nos. 1(i) and 1(ii) proceeded against ex Respondent Nos. 1(i) and 1(ii) proceeded against ex Vide order dated 26.04.2024. Vide order dated 26.04.2024. -.- MANDEEP PANNU, J. MANDEEP PANNU, J. 1. the appellant– The present Regular Second Appeal has been filed by the appellant The present Regular Second Appeal has been filed by The present Regular Second Appeal has been filed by Singh assailing the judgment and decree dated 25.04.1997 passed by the Jasjeet Singh assailing the judgment and decree dated 25.04.1997 passed by the Singh assailing the judgment and decree dated 25.04.1997 passed by the Singh assailing the judgment and decree dated 25.04.1997 passed by the learned Lower Appellate Court whereby the appeal filed by the plaintiff Kuldip whereby the appeal filed by the plaintiff Kuld Lower Appellate Court whereby the appeal filed by the plaintiff Kuld Singh was accepted and the suit for recovery and declaration stood decreed. Singh was accepted and the suit for recovery and declaration stood decreed. Singh was accepted and the suit for recovery and declaration stood decreed. Brief Facts 2. The dispute arises out of the estate and movable assets of late Mohan The dispute arises out of the estate and movable assets of late Mohan The dispute arises out of the estate and movable assets of late Mohan The dispute arises out of the estate and movable assets of late Mohan
Legal Reasoning
Singh. The case of the plaintiff before the trial Court was that Mohan Singh, father Singh. The case of the plaintiff before the trial Court was that Mohan Singh, father Singh. The case of the plaintiff before the trial Court was that Mohan Singh, father Singh. The case of the plaintiff before the trial Court was that Mohan Singh, father A, Chandigarh and being a of the parties, was residing in House No. 92, Sector 21-A, Chandigarh and being a of the parties, was residing in House No. 92, Sector 21 of the parties, was residing in House No. 92, Sector 21 as staying alone. The plaintiff, being in service, used to frequently visit widower was staying alone. The plaintiff, being in service, used to frequently visit as staying alone. The plaintiff, being in service, used to frequently visit as staying alone. The plaintiff, being in service, used to frequently visit him. It was stated that the house at Chandigarh had been purchased out of family him. It was stated that the house at Chandigarh had been purchased out of family him. It was stated that the house at Chandigarh had been purchased out of family him. It was stated that the house at Chandigarh had been purchased out of family savings when the family was joint. According to the plaintiff, his son Hardip Singh savings when the family was joint. According to the plaintiff, his son Hardip Singh savings when the family was joint. According to the plaintiff, his son Hardip Singh savings when the family was joint. According to the plaintiff, his son Hardip Singh TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -2- - ay with Mohan Singh, and in 1988 when Mohan Singh, then about also used to stay with Mohan Singh, and in 1988 when Mohan Singh, then about ay with Mohan Singh, and in 1988 when Mohan Singh, then about ay with Mohan Singh, and in 1988 when Mohan Singh, then about 85 years of age, started losing his mental balance, the defendant manipulated and 85 years of age, started losing his mental balance, the defendant manipulated and 85 years of age, started losing his mental balance, the defendant manipulated and 85 years of age, started losing his mental balance, the defendant manipulated and influenced him with an ulterior motive and, keeping the matter concealed, got the influenced him with an ulterior motive and, keeping the matter concealed, got the influenced him with an ulterior motive and, keeping the matter concealed, got the influenced him with an ulterior motive and, keeping the matter concealed, got the house sold. Out of the sale consideration, an amount of house sold. Out of the sale co was deposited nsideration, an amount of ₹5,40,000/- was deposited Mohali. The plaintiff alleged that the defendant in Punjab & Sind Bank, Phase -5, Mohali. The plaintiff alleged that the defendant Mohali. The plaintiff alleged that the defendant in Punjab & Sind Bank, was withholding information about the sale deed and the sale proceeds. He issued a was withholding information about the sale deed and the sale proceeds. He issued a was withholding information about the sale deed and the sale proceeds. He issued a was withholding information about the sale deed and the sale proceeds. He issued a account and sale particulars, but notice demanding disclosure of the bank account and sale particulars, but account and sale particulars, but notice demanding disclosure of the bank according to him no reply was furnished. The plaintiff had earlier filed a suit at according to him no reply was furnished. The plaintiff had earlier filed a suit at according to him no reply was furnished. The plaintiff had earlier filed a suit at according to him no reply was furnished. The plaintiff had earlier filed a suit at Chandigarh seeking mandatory injunction to restrain disbursement of the bank Chandigarh seeking mandatory injunction to restrain disbursement of the bank Chandigarh seeking mandatory injunction to restrain disbursement of the bank Chandigarh seeking mandatory injunction to restrain disbursement of the bank bank. The defendant amount, in which an interim order was passed restraining the bank. The defendant amount, in which an interim order was passed restraining the amount, in which an interim order was passed restraining the also instituted a separate suit for mandatory injunction against the bank. The also instituted a separate suit for mandatory injunction against the bank. The also instituted a separate suit for mandatory injunction against the bank. The also instituted a separate suit for mandatory injunction against the bank. The plaintiff asserted that the amount in the FDR and savings account constituted the plaintiff asserted that the amount in the FDR and savings account constituted the plaintiff asserted that the amount in the FDR and savings account constituted the plaintiff asserted that the amount in the FDR and savings account constituted the d to half estate of late Mohan Singh, who had died intestate, and that he was entitled to half estate of late Mohan Singh, who had died intestate, and that he was entitle estate of late Mohan Singh, who had died intestate, and that he was entitle share. The apprehension expressed was that the defendant would withdraw the share. The apprehension expressed was that the defendant would withdraw the share. The apprehension expressed was that the defendant would withdraw the share. The apprehension expressed was that the defendant would withdraw the the suit for recovery of half share and money and utilize the same, and, therefore, the suit for recovery of half share and the suit for recovery of half share and money and utilize the same, and declaration of rights in the FDRs and bank amounts was filed. declaration of rights in the FDRs and bank amounts was filed. declaration of rights in the FDRs and bank amounts was filed. 3. s written statement, denied all allegations and The defendant, in his written statement, denied all allegations and s written statement, denied all allegations and The defendant, in hi asserted that the Chandigarh house had been purchased by Mohan Singh from his asserted that the Chandigarh house had been purchased by Mohan Singh from his asserted that the Chandigarh house had been purchased by Mohan Singh from his asserted that the Chandigarh house had been purchased by Mohan Singh from his own savings after retirement. It was denied that the plaintiff contributed any own savings after retirement. It was denied that the plaintiff contributed any own savings after retirement. It was denied that the plaintiff contributed any own savings after retirement. It was denied that the plaintiff contributed any was alleged that the plaintiff amount or ever resided with Mohan Singh. Rather, it was alleged that the plaintiff amount or ever resided with Mohan Singh. Rather, it amount or ever resided with Mohan Singh. Rather, it had strained relations with the father and had not even visited him for several had strained relations with the father and had not even visited him for several had strained relations with the father and had not even visited him for several had strained relations with the father and had not even visited him for several years. The defendant stated that Mohan Singh was fully competent and of sound years. The defendant stated that Mohan Singh was fully competent and of sound years. The defendant stated that Mohan Singh was fully competent and of sound years. The defendant stated that Mohan Singh was fully competent and of sound e consideration of disposing mind till three days prior to his death and that the sale consideration of disposing mind till three days prior to his death and that the sal disposing mind till three days prior to his death and that the sal the house was lawfully received and thereafter deposited in a joint account of the house was lawfully received and thereafter deposited in a joint account of the house was lawfully received and thereafter deposited in a joint account of the house was lawfully received and thereafter deposited in a joint account of Mohan Singh and the defendant with instructions payable to either or survivor. It Mohan Singh and the defendant with instructions payable to either or survivor. It Mohan Singh and the defendant with instructions payable to either or survivor. It Mohan Singh and the defendant with instructions payable to either or survivor. It TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -3- - r of was further pleaded that Mohan Singh had executed a registered Will in favour of was further pleaded that Mohan Singh had executed a registered was further pleaded that Mohan Singh had executed a registered the defendant, while giving a portion of his Jalandhar house to the plaintiff, and the defendant, while giving a portion of his Jalandhar house to the plaintiff, and the defendant, while giving a portion of his Jalandhar house to the plaintiff, and the defendant, while giving a portion of his Jalandhar house to the plaintiff, and that the movable estate including the FDRs had been bequeathed to the defendant. that the movable estate including the FDRs had been bequeathed to the defendant. that the movable estate including the FDRs had been bequeathed to the defendant. that the movable estate including the FDRs had been bequeathed to the defendant. It was asserted that the plaintiff had never applied for succession certificate as he It was asserted that the plaintiff had never applied for succession certificate as he It was asserted that the plaintiff had never applied for succession certificate as he It was asserted that the plaintiff had never applied for succession certificate as he as aware that the amount stood in joint names payable to either or survivor. The was aware that the amount stood in joint names payable to either or survivor. The as aware that the amount stood in joint names payable to either or survivor. The as aware that the amount stood in joint names payable to either or survivor. The ill was claimed to be genuine and executed in sound mind. Will was claimed to be genuine and executed in sound mind. ill was claimed to be genuine and executed in sound mind. 4. Plaintiff filed a replication reiterating the contents of the plaint and Plaintiff filed a replication reiterating the contents of the plaint and Plaintiff filed a replication reiterating the contents of the plaint and Plaintiff filed a replication reiterating the contents of the plaint and denying those of the written statement. denying those of the written statement. 5. On the pleadings of the parties, the learned trial Court framed the On the pleadings of the parties, the learned trial Court framed On the pleadings of the parties, the learned trial Court framed On the pleadings of the parties, the learned trial Court framed following issues:- following issues: 1. Whether the plaintiff is entitled to recovery of along Whether the plaintiff is entitled to recovery of Rs.8,650/- along with interest? OPP. with interest? OPP. 2. Whether the plaintiff is entitled to recovery of ½ share in the Whether the plaintiff is entitled to recovery of ½ share in the Whether the plaintiff is entitled to recovery of ½ share in the FDR in question? OPP FDR in question? OPP 3. Whether the suit of the plaintiff is not maintainable?OPD Whether the suit of the plaintiff is not maintainable?OPD 4. Whether the suit is not properly valued for the purpose of court Whether the suit is not properly valued for the purpose of court ee and jurisdiction? OPD fee and jurisdiction? OPD 5. Whether the plaintiff is entitled to the declaration prayed for? Whether the plaintiff is entitled to the declaration prayed for? Whether the plaintiff is entitled to the declaration prayed for? OPP OPP 6. Whether the plaintiff is entitled to the injunction prayed for? Whether the plaintiff is entitled to the injunction prayed for? Whether the plaintiff is entitled to the injunction prayed for? OPP OPP 7. Whether the defendant is entitled to special costs? OPD Whether the defendant is entitled to special costs? OPD 8. Relief. Issue No.2 was amended by the learned trial Court after it had come Issue No.2 was amended by the learned trial Court after it had come Issue No.2 was amended by the learned trial Court after it had come Issue No.2 was amended by the learned trial Court after it had come to its knowledge that the plaintiff has not prayed for recovery of ½ share in the to its knowledge that the plaintiff has not prayed for recovery of ½ share in the to its knowledge that the plaintiff has not prayed for recovery of ½ share in the to its knowledge that the plaintiff has not prayed for recovery of ½ share in the TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -4- - FDR rather he has sought the declaration that he is entitled to ½ share in the FDR. FDR rather he has sought the declaration that he is entitled to ½ share in the FDR. FDR rather he has sought the declaration that he is entitled to ½ share in the FDR. FDR rather he has sought the declaration that he is entitled to ½ share in the FDR. The amended issue is as under:- The amended issue is a Whether the plaintiff is entitled to the suit for declaration that his “Whether the plaintiff is entitled to the suit for declaration that his Whether the plaintiff is entitled to the suit for declaration that his Whether the plaintiff is entitled to the suit for declaration that his entitled to ½ share in FDR in question? OPP” entitled to ½ share in FDR in question? OPP entitled to ½ share in FDR in question? OPP 6. The evidence of both sides was recorded, including officials from the The evidence of both sides was recorded, including officials from the The evidence of both sides was recorded, including officials from the The evidence of both sides was recorded, including officials from the familiar with the family banks, medical practitioners, and other witnesses familiar with the family banks, medical practitioners, and other witnesses banks, medical practitioners, and other witnesses circumstances and documents. circumstances and documents. Findings of the learned Trial Court Findings of the learned Trial Court 7. The trial Court, on an appreciation of the pleadings and evidence, held The trial Court, on an appreciation of the pleadings and evidence, held The trial Court, on an appreciation of the pleadings and evidence, held The trial Court, on an appreciation of the pleadings and evidence, held that the plaintiff had failed to prove any right, title or interest in the amounts that the plaintiff had failed to prove any right, title or interest in the amounts that the plaintiff had failed to prove any right, title or interest in the amounts that the plaintiff had failed to prove any right, title or interest in the amounts wn by the defendant from the joint savings account or the FDRs standing in withdrawn by the defendant from the joint savings account or the FDRs standing in wn by the defendant from the joint savings account or the FDRs standing in wn by the defendant from the joint savings account or the FDRs standing in the joint names of Mohan Singh and the defendant, as the accounts were operated the joint names of Mohan Singh and the defendant, as the accounts were operated the joint names of Mohan Singh and the defendant, as the accounts were operated the joint names of Mohan Singh and the defendant, as the accounts were operated under the mandate of “either or survivor” and the bank officials had corroborated under the mandate of “either or survivor” and the bank officials had corroborated under the mandate of “either or survivor” and the bank officials had corroborated under the mandate of “either or survivor” and the bank officials had corroborated was in accordance with the rules. The Court rejected the that the withdrawal was in accordance with the rules. The Court rejected the was in accordance with the rules. The Court rejected the that the withdrawal A, Chandigarh plaintiff’s plea that the sale proceeds of House No.92, Sector 21-A, Chandigarh plaintiff’s plea that the sale proceeds of House No.92, Sector 21 plaintiff’s plea that the sale proceeds of House No.92, Sector 21 belonged to a joint Hindu family or that he had contributed towards its purchase or belonged to a joint Hindu family or that he had contributed towards its purchase or belonged to a joint Hindu family or that he had contributed towards its purchase or belonged to a joint Hindu family or that he had contributed towards its purchase or cumentary evidence was produced and that the construction, observing that no documentary evidence was produced and that the cumentary evidence was produced and that the construction, observing that no do material on record showed that Mohan Singh had purchased and constructed the material on record showed that Mohan Singh had purchased and constructed the material on record showed that Mohan Singh had purchased and constructed the material on record showed that Mohan Singh had purchased and constructed the property from his own savings, retirement benefits and loans. The Court further property from his own savings, retirement benefits and loans. The Court further property from his own savings, retirement benefits and loans. The Court further property from his own savings, retirement benefits and loans. The Court further aged about 80 years, was found no substance in the allegation that Mohan Singh, aged about 80 years, was found no substance in the allegation that Mohan Singh, found no substance in the allegation that Mohan Singh, of unsound mind or had been subjected to undue influence, holding instead that the of unsound mind or had been subjected to undue influence, holding instead that the of unsound mind or had been subjected to undue influence, holding instead that the of unsound mind or had been subjected to undue influence, holding instead that the ill dated 28.7.1988 through defendant had proved the execution of the registered Will dated 28.7.1988 through defendant had proved the execution of the registered defendant had proved the execution of the registered ignatures of the the testimony of the scribe and attesting witness, and that the signatures of the the testimony of the scribe and attesting witness, and that the s the testimony of the scribe and attesting witness, and that the s testator matched with his admitted signatures. T testator matched with his admitted signatures accepted as . The Will was, therefore, accepted as genuine and free from suspicion. The plaintiff’s reliance on the principle that a genuine and free from suspicion. The plaintiff’s reliance on the principle that a genuine and free from suspicion. The plaintiff’s reliance on the principle that a genuine and free from suspicion. The plaintiff’s reliance on the principle that a TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -5- - nce Mohan survivor of a joint account is only a custodian was held inapplicable, since Mohan survivor of a joint account is only a custodian was held inapplicable, si survivor of a joint account is only a custodian was held inapplicable, si Singh had not died intestate but had clearly expressed his intention through the Singh had not died intestate but had clearly expressed his intention through the Singh had not died intestate but had clearly expressed his intention through the Singh had not died intestate but had clearly expressed his intention through the ill bequeathing Will bequeathing ill bequeathing ill bequeathing the movable and the movable and the movable and the movable and immovable estate immovable estate immovable estate immovable estate to to to to the defendant. the defendant. the defendant. the defendant. Consequently, the Court concluded that the plaintiff had no enforceable claim to Consequently, the Court concluded that the plaintiff had no enforceable claim to Consequently, the Court concluded that the plaintiff had no enforceable claim to Consequently, the Court concluded that the plaintiff had no enforceable claim to ispute, that no ground for declaration or injunction was made out, the amounts in dispute, that no ground for declaration or injunction was made out, ispute, that no ground for declaration or injunction was made out, the amounts in d and dismissed the suit with parties left to bear their own costs. and dismissed the suit with parties left to bear their own costs. and dismissed the suit with parties left to bear their own costs. Findings of the Lower Appellate Court Findings of the Lower Appellate Court 8. The Lower Appellate Court, after re The appraising the entire evidence, , after re-appraising the entire evidence, 1) was approach of the trial Court towards the proof of the Will (Ex.D-1) was approach of the trial Court towards the proof of the Will (Ex.D held that the approach of the trial Court towards the proof of the Will (Ex.D perfunctory and that the suspicious circumstances surrounding its execution had perfunctory and that the suspicious circumstances surrounding its execution had perfunctory and that the suspicious circumstances surrounding its execution had perfunctory and that the suspicious circumstances surrounding its execution had not been duly considered. The appellate Court found multiple factors casting not been duly considered. The appellate Court found multiple factors casting not been duly considered. The appellate Court found multiple factors casting not been duly considered. The appellate Court found multiple factors casting eness of the Will, including the active participation of serious doubt on the genuineness of the Will, including the active participation of eness of the Will, including the active participation of serious doubt on the genuin the beneficiary Jasjit Singh in getting the Will prepared and registered, the use of the beneficiary Jasjit Singh in getting the Will prepared and registered, the use of the beneficiary Jasjit Singh in getting the Will prepared and registered, the use of the beneficiary Jasjit Singh in getting the Will prepared and registered, the use of close relatives and interested persons as attesting witnesses, the omission of any close relatives and interested persons as attesting witnesses, the omission of any close relatives and interested persons as attesting witnesses, the omission of any close relatives and interested persons as attesting witnesses, the omission of any satisfactory reason for excluding the plaintiff satisfactory reason for excludi Singh from the substantial ng the plaintiff Kuldip Singh from the substantial estate of Mohan Singh, the advanced age and feeble mental and physical condition estate of Mohan Singh, the advanced age and feeble mental and physical condition estate of Mohan Singh, the advanced age and feeble mental and physical condition estate of Mohan Singh, the advanced age and feeble mental and physical condition of the testator, the unexplained recital regarding revocation of an earlier Will dated of the testator, the unexplained recital regarding revocation of an earlier Will dated of the testator, the unexplained recital regarding revocation of an earlier Will dated of the testator, the unexplained recital regarding revocation of an earlier Will dated e Jasbir Singh, the witness who had identified 21.12.1983, and the failure to examine Jasbir Singh, the witness who had identified e Jasbir Singh, the witness who had identified 21.12.1983, and the failure to examin Registrar. It was also noted that the recitals in the Mohan Singh before the Sub-Registrar. It was also noted that the recitals in the Registrar. It was also noted that the recitals in the Mohan Singh before the Sub Will were inconsistent with the admitted circumstances and that there was no Will were inconsistent with the admitted circumstances and that there was no Will were inconsistent with the admitted circumstances and that there was no Will were inconsistent with the admitted circumstances and that there was no against the plaintiff. The material to show that Mohan Singh had any grievance against the plaintiff. The material to show that Mohan Singh had any grievance material to show that Mohan Singh had any grievance Court further held that the conduct of Jasjit Singh in manipulating the sale Court further held that the conduct of Jasjit Singh in manipulating the sale Court further held that the conduct of Jasjit Singh in manipulating the sale Court further held that the conduct of Jasjit Singh in manipulating the sale proceeds, influencing Mohan Singh in the sale of the Chandigarh house, proceeds, influencing Mohan Singh in the sale of the Chandigarh house, proceeds, influencing Mohan Singh in the sale of the Chandigarh house, proceeds, influencing Mohan Singh in the sale of the Chandigarh house, appropriating a part of the sale money, and converting bank accounts and FDRs in appropriating a part of the sale money, and converting bank accounts and FDRs in appropriating a part of the sale money, and converting bank accounts and FDRs in appropriating a part of the sale money, and converting bank accounts and FDRs in a manner favourable to himself, strengthened the inference of undue influence. In a manner favourable to himself, strengthened the inference of undue influence. In a manner favourable to himself, strengthened the inference of undue influence. In a manner favourable to himself, strengthened the inference of undue influence. In TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -6- - view of these cumulative suspicious circumstances, the appellate Court held that view of these cumulative suspicious circumstances, the appellate Court held that view of these cumulative suspicious circumstances, the appellate Court held that view of these cumulative suspicious circumstances, the appellate Court held that the Will did not represent the true and free intention of Mohan Singh and that the the Will did not represent the true and free intention of Mohan Singh and that the the Will did not represent the true and free intention of Mohan Singh and that the the Will did not represent the true and free intention of Mohan Singh and that the had failed to remove the legitimate doubts attached to its execution. defendant had failed to remove the legitimate doubts attached to its execution. had failed to remove the legitimate doubts attached to its execution. had failed to remove the legitimate doubts attached to its execution. Consequently, the findings of the trial Court on issues 1, 2, 5 and 6 were reversed, Consequently, the findings of the trial Court on issues 1, 2, 5 and 6 were reversed, Consequently, the findings of the trial Court on issues 1, 2, 5 and 6 were reversed, Consequently, the findings of the trial Court on issues 1, 2, 5 and 6 were reversed, and the suit of the plaintiff was decreed, declaring him entitled to half of the and the suit of the plaintiff was decreed, declaring him entitled to half of the and the suit of the plaintiff was decreed, declaring him entitled to half of the and the suit of the plaintiff was decreed, declaring him entitled to half of the amount of the FDR of ₹5,40,000/- and half of the amount amount of the FDR o standing in Savings and half of the amount standing in Savings 7855 in Punjab & Sind Bank, Mohali, as on the date of Mohan Account No.7855 in Punjab & Sind Bank, Mohali, as on the date of Mohan 7855 in Punjab & Sind Bank, Mohali, as on the date of Mohan 7855 in Punjab & Sind Bank, Mohali, as on the date of Mohan Singh’s death. 9. Aggrieved by the judgment and decree dated 25.04.1997 passed by Aggrieved by the judgment and decree dated 25.04.1997 passed by Aggrieved by the judgment and decree dated 25.04.1997 passed by Aggrieved by the judgment and decree dated 25.04.1997 passed by t Singh has approached this Court by the Lower Appellate Court, defendant Jasjeet Singh has approached this Court by t Singh has approached this Court by the Lower Appellate Court way of filing of the present regular second appeal. way of filing of the present regular second appeal. way of filing of the present regular second appeal. 10. Despite service, the respondents have not appeared before this Court Despite service, the respondents have not appeared before this Court Despite service, the respondents have not appeared before this Court Despite service, the respondents have not appeared before this Court and were accordingly proceeded against ex parte. and were accordingly proceeded against ex parte. and were accordingly proceeded against ex parte.
Legal Reasoning
ellant Submissions of learned counsel for the appellant Submissions of learned counsel for the app 11. In the present Regular Second Appeal, the appellant has contended In the present Regular Second Appeal, the appellant has contended In the present Regular Second Appeal, the appellant has contended In the present Regular Second Appeal, the appellant has contended that the judgment of the Lower Appellate Court that the judgment of the is legally erroneous because the Lower Appellate Court is legally erroneous because the suit filed by the plaintiff was essentially one for a declaration regarding entitlement suit filed by the plaintiff was essentially one for a declaration regarding entitlement suit filed by the plaintiff was essentially one for a declaration regarding entitlement suit filed by the plaintiff was essentially one for a declaration regarding entitlement to the amounts lying in the joint bank account and for recovery of half share to the amounts lying in the joint bank account and for recovery of half share to the amounts lying in the joint bank account and for recovery of half share to the amounts lying in the joint bank account and for recovery of half share immovable property. thereof, and not a suit resting on questions of title to immovable property. thereof, and not a suit resting on questions of title to thereof, and not a suit resting on questions of title to According to the appellant, the real issue before the courts below was a narrow and According to the appellant, the real issue before the courts below was a narrow and According to the appellant, the real issue before the courts below was a narrow and According to the appellant, the real issue before the courts below was a narrow and simple one, namely whether in a joint “either or survivor” account, the surviving simple one, namely whether in a joint “either or survivor” account, the surviving simple one, namely whether in a joint “either or survivor” account, the surviving simple one, namely whether in a joint “either or survivor” account, the surviving the credit of account holder is entitled to withdraw the entire amount standing to the credit of account holder is entitled to withdraw the entire amount standing to account holder is entitled to withdraw the entire amount standing to the account on the death of the other holder, or whether the matter is to be decided the account on the death of the other holder, or whether the matter is to be decided the account on the death of the other holder, or whether the matter is to be decided the account on the death of the other holder, or whether the matter is to be decided on the basis of succession and determination of legal heirs. It is argued that once on the basis of succession and determination of legal heirs. It is argued that once on the basis of succession and determination of legal heirs. It is argued that once on the basis of succession and determination of legal heirs. It is argued that once y in the the account was admittedly opened by Mohan Singh and the appellant jointly in the the account was admittedly opened by Mohan Singh and the appellant jointl the account was admittedly opened by Mohan Singh and the appellant jointl TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -7- - “either or survivor” mode, the bank was bound in law and banking practice to “either or survivor” mode, the bank was bound in law and banking practice to “either or survivor” mode, the bank was bound in law and banking practice to “either or survivor” mode, the bank was bound in law and banking practice to honour the withdrawal of the appellant and treat it as a valid discharge, and that the honour the withdrawal of the appellant and treat it as a valid discharge, and that the honour the withdrawal of the appellant and treat it as a valid discharge, and that the honour the withdrawal of the appellant and treat it as a valid discharge, and that the erred in converting this simple enquiry into a detailed Lower Appellate Court erred in converting this simple enquiry into a detailed erred in converting this simple enquiry into a detailed Lower Appellate Court iny of the Will executed by Mohan Singh. The appellant further contends that scrutiny of the Will executed by Mohan Singh. The appellant further contends that iny of the Will executed by Mohan Singh. The appellant further contends that iny of the Will executed by Mohan Singh. The appellant further contends that the Lower Appellate Court has erred in holding that the Will was shrouded in Lower Appellate Court has erred in holding that the Will was shrouded in has erred in holding that the Will was shrouded in suspicious circumstances, whereas according to him the Will was duly registered, suspicious circumstances, whereas according to him the Will was duly registered, suspicious circumstances, whereas according to him the Will was duly registered, suspicious circumstances, whereas according to him the Will was duly registered, d over to the testator, and the testator admitted them to be the contents were read over to the testator, and the testator admitted them to be d over to the testator, and the testator admitted them to be the contents were rea correct before signing. It is argued that the Will itself confirms that the appellant correct before signing. It is argued that the Will itself confirms that the appellant correct before signing. It is argued that the Will itself confirms that the appellant correct before signing. It is argued that the Will itself confirms that the appellant was entitled to the amount and that Mohan Singh had no intention to give any part was entitled to the amount and that Mohan Singh had no intention to give any part was entitled to the amount and that Mohan Singh had no intention to give any part was entitled to the amount and that Mohan Singh had no intention to give any part of the amount to the respondent, and that the Lower Appellate Court of the amount to the respon ignored this Lower Appellate Court ignored this material aspect. The appellant stresses that the execution of the Will was almost material aspect. The appellant stresses that the execution of the Will was almost material aspect. The appellant stresses that the execution of the Will was almost material aspect. The appellant stresses that the execution of the Will was almost two years prior to the death of Mohan Singh, that Mohan Singh was of sound two years prior to the death of Mohan Singh, that Mohan Singh was of sound two years prior to the death of Mohan Singh, that Mohan Singh was of sound two years prior to the death of Mohan Singh, that Mohan Singh was of sound e who looked after him in his old age disposing mind, that the appellant was the one who looked after him in his old age e who looked after him in his old age disposing mind, that the appellant was the on when the respondent declined to take him to his residence, and that these when the respondent declined to take him to his residence, and that these when the respondent declined to take him to his residence, and that these when the respondent declined to take him to his residence, and that these surrounding circumstances naturally explain why the testator would repose greater surrounding circumstances naturally explain why the testator would repose greater surrounding circumstances naturally explain why the testator would repose greater surrounding circumstances naturally explain why the testator would repose greater Lower faith in the appellant. According to the appellant, the finding of the Lower faith in the appellant. According to the appellant, the findin faith in the appellant. According to the appellant, the findin that the Will was manipulated is wholly unfounded, and the court Appellate Court that the Will was manipulated is wholly unfounded, and the court that the Will was manipulated is wholly unfounded, and the court Appellate Court failed to consider that the Will was executed and signed in the presence of the Sub failed to consider that the Will was executed and signed in the presence of the Sub failed to consider that the Will was executed and signed in the presence of the Sub failed to consider that the Will was executed and signed in the presence of the Sub nt further Registrar, who certified the due identification of the testator. The appellant further Registrar, who certified the due identification of the testator. The appella Registrar, who certified the due identification of the testator. The appella failed to appreciate common banking submits that the Lower Appellate Court failed to appreciate common banking failed to appreciate common banking submits that the practice whereby dates or witness names are often filled in at the time of practice whereby dates or witness names are often filled in at the time of practice whereby dates or witness names are often filled in at the time of practice whereby dates or witness names are often filled in at the time of registration, and such procedural aspects cannot by themselves create suspicion. It registration, and such procedural aspects cannot by themselves create suspicion. It registration, and such procedural aspects cannot by themselves create suspicion. It registration, and such procedural aspects cannot by themselves create suspicion. It is lastly argued that the rgued that the Lower Appellate Court wrongly treated the question of the wrongly treated the question of the Will as the central issue when in fact the dispute could be resolved solely on the Will as the central issue when in fact the dispute could be resolved solely on the Will as the central issue when in fact the dispute could be resolved solely on the Will as the central issue when in fact the dispute could be resolved solely on the TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -8- - basis of the nature of the bank account and the mandate given to the bank by the basis of the nature of the bank account and the mandate given to the bank by the basis of the nature of the bank account and the mandate given to the bank by the basis of the nature of the bank account and the mandate given to the bank by the account holders. account holders. ndings of this Court Findings of this Court 12. Having examined the record and the concurrent factual position that Having examined the record and the concurrent factual position that Having examined the record and the concurrent factual position that Having examined the record and the concurrent factual position that the account in question was indeed opened in the “either or survivor” mode, it is the account in question was indeed opened in the “either or survivor” mode, it is the account in question was indeed opened in the “either or survivor” mode, it is the account in question was indeed opened in the “either or survivor” mode, it is evident that such mandate authorises the bank to release the entire amount to the evident that such mandate authorises the bank to release the entire amount to th evident that such mandate authorises the bank to release the entire amount to th evident that such mandate authorises the bank to release the entire amount to th surviving account holder without insisting upon succession certification. However, surviving account holder without insisting upon succession certification. However, surviving account holder without insisting upon succession certification. However, surviving account holder without insisting upon succession certification. However, that mandate binds the bank in making a valid discharge. I that mandate binds the b t does not, by itself, ank in making a valid discharge. It does not, by itself, determine the beneficial ownership of the money as between the parties inter se. determine the beneficial ownership of the money as between the parties inter se. determine the beneficial ownership of the money as between the parties inter se. determine the beneficial ownership of the money as between the parties inter se. to operate the account and the right to succeed to the beneficial interest in The right to operate the account and the right to succeed to the beneficial interest in to operate the account and the right to succeed to the beneficial interest in to operate the account and the right to succeed to the beneficial interest in the deposit are distinct matters. the deposit are distinct matters. 13. Having held that the mandate of an “either or survivor” account Having held that the mandate of an “either or survivor” account Having held that the mandate of an “either or survivor” account Having held that the mandate of an “either or survivor” account t by itself governs only the bank’s obligation to make a valid discharge, and does not by itself governs only the bank’s obligation to make a valid discharge, and does no governs only the bank’s obligation to make a valid discharge, and does no , the next question determine beneficial ownership as between the parties inter se, the next question determine beneficial ownership as between the parties determine beneficial ownership as between the parties that arises is whether the appellant has succeeded in proving that under the Will that arises is whether the appellant has succeeded in proving that under the Will that arises is whether the appellant has succeeded in proving that under the Will that arises is whether the appellant has succeeded in proving that under the Will relied upon by him, the deceased Mohan Singh intended to vest the entire amount relied upon by him, the deceased Mohan Singh intended to vest the entire amount relied upon by him, the deceased Mohan Singh intended to vest the entire amount relied upon by him, the deceased Mohan Singh intended to vest the entire amount in the appellant, so as to exclude the natural course of succession. On an in the appellant, so as to exclude the natural course of succession. On an in the appellant, so as to exclude the natural course of succession. On an in the appellant, so as to exclude the natural course of succession. On an examination of the evidence on record, it becomes apparent that the Will set up by examination of the evidence on record, it becomes apparent that the Will set up by examination of the evidence on record, it becomes apparent that the Will set up by examination of the evidence on record, it becomes apparent that the Will set up by the appellant cannot be accepted as a free and voluntary declaration of the the appellant cannot be accepted as a free and voluntary declaration of the the appellant cannot be accepted as a free and voluntary declaration of the the appellant cannot be accepted as a free and voluntary declaration of the testator’s last wishes. The Lower Appellate Court testator’s last wishes has catalogued several serious Lower Appellate Court has catalogued several serious infirmities which strike at the root of the Will’s genuineness, and on reappraisal of infirmities which strike at the root of the Will’s genuineness, and on reappraisal of infirmities which strike at the root of the Will’s genuineness, and on reappraisal of infirmities which strike at the root of the Will’s genuineness, and on reappraisal of the same, this Court no ground to take a different view. The Will was this Court finds no ground to take a different view. The Will was no ground to take a different view. The Will was ellant, typed in a form and manner convenient to prepared at the instance of the appellant, typed in a form and manner convenient to ellant, typed in a form and manner convenient to prepared at the instance of the app him, and the appellant admittedly played an active role at every stage him, and the appellant admittedly playe in its d an active role at every stage in its drafting, in arranging the witnesses, and in taking the testator for registration. The drafting, in arranging the witnesses, and in taking the testator for registration. The drafting, in arranging the witnesses, and in taking the testator for registration. The drafting, in arranging the witnesses, and in taking the testator for registration. The TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -9- - attesting witnesses are not independent, one is a close relative residing in the same g witnesses are not independent, one is a close relative residing in the same one is a close relative residing in the same tax lawyer, and their house as the appellant and the other is the appellant’s income-tax lawyer, and their house as the appellant and the other is the appellant’s income house as the appellant and the other is the appellant’s income testimony contains contradictions on material aspects such as the presence or testimony contains contradictions on material aspects such as the presence or testimony contains contradictions on material aspects such as the presence or testimony contains contradictions on material aspects such as the presence or on, thus reinforcing the suspicion of absence of the appellant at the time of execution, thus reinforcing the suspicion of on, thus reinforcing the suspicion of absence of the appellant at the time of executi undue influence. The recital in the Will that the testator wished to exclude the undue influence. The recital in the Will that the testator wished to exclude the undue influence. The recital in the Will that the testator wished to exclude the undue influence. The recital in the Will that the testator wished to exclude the plaintiff because the appellant had been helping him financially is contradicted by plaintiff because the appellant had been helping him financially is contradicted by plaintiff because the appellant had been helping him financially is contradicted by plaintiff because the appellant had been helping him financially is contradicted by ving separately in the evidence which shows that Mohan Singh had been living separately in the evidence which shows that Mohan Singh had been li the evidence which shows that Mohan Singh had been li Chandigarh until 1988 and had not been receiving special care or support from the Chandigarh until 1988 and had not been receiving special care or support from the Chandigarh until 1988 and had not been receiving special care or support from the Chandigarh until 1988 and had not been receiving special care or support from the appellant. Further, the Will is completely silent on the heavy deposits flowing from appellant. Further, the Will is completely silent on the heavy deposits flowing from appellant. Further, the Will is completely silent on the heavy deposits flowing from appellant. Further, the Will is completely silent on the heavy deposits flowing from o divert the the sale of the house, even though the effect of the dispositions is to divert the the sale of the house, even though the effect of the dispositions is t the sale of the house, even though the effect of the dispositions is t entirety of that amount to one son without a plausible reason for excluding the entirety of that amount to one son without a plausible reason for excluding the entirety of that amount to one son without a plausible reason for excluding the entirety of that amount to one son without a plausible reason for excluding the other. The recital purporting to revoke an earlier Will dated 21.12.1983 introduces other. The recital purporting to revoke an earlier Will dated 21.12.1983 introduces other. The recital purporting to revoke an earlier Will dated 21.12.1983 introduces other. The recital purporting to revoke an earlier Will dated 21.12.1983 introduces examination the appellant himself expressed an anomaly because during cross-examination the appellant himself expressed examination the appellant himself expressed an anomaly because during cross ertainty about the existence of such a Will and stated that his father had never uncertainty about the existence of such a Will and stated that his father had never ertainty about the existence of such a Will and stated that his father had never ertainty about the existence of such a Will and stated that his father had never mentioned its execution to him. This unexplained inconsistency itself casts a mentioned its execution to him. This unexplained inconsistency itself casts a mentioned its execution to him. This unexplained inconsistency itself casts a mentioned its execution to him. This unexplained inconsistency itself casts a serious shadow on whether Mohan Singh understood the contents of what he was serious shadow on whether Mohan Singh understood the contents of what he was serious shadow on whether Mohan Singh understood the contents of what he was serious shadow on whether Mohan Singh understood the contents of what he was signing. The surrounding circumstances also cannot be ignored signing. The surroun the testator was ding circumstances also cannot be ignored, the testator was about 85 years of age at the time of execution, his eyesight had weakened, his about 85 years of age at the time of execution, his eyesight had weakened, his about 85 years of age at the time of execution, his eyesight had weakened, his about 85 years of age at the time of execution, his eyesight had weakened, his hearing had declined, and witnesses who were close relatives stated that his hearing had declined, and witnesses who were close relatives stated that his hearing had declined, and witnesses who were close relatives stated that his hearing had declined, and witnesses who were close relatives stated that his ad taken control of the testator’s memory had become short. The appellant had taken control of the testator’s ad taken control of the testator’s memory had become short. The appellant h finances shortly before the Will, had persuaded him to sell the Chandigarh house, finances shortly before the Will, had persuaded him to sell the Chandigarh house, finances shortly before the Will, had persuaded him to sell the Chandigarh house, finances shortly before the Will, had persuaded him to sell the Chandigarh house, and had handled the sale proceeds in a manner favourable to himself, including and had handled the sale proceeds in a manner favourable to himself, including and had handled the sale proceeds in a manner favourable to himself, including and had handled the sale proceeds in a manner favourable to himself, including car without converting FDRs, withdrawing large amounts, and purchasing a car without converting FDRs, withdrawing large amounts, and purchasing a converting FDRs, withdrawing large amounts, and purchasing a accounting for the funds. All these circumstances, taken cumulatively, create a accounting for the funds. All these circumstances, taken cumulatively, create a accounting for the funds. All these circumstances, taken cumulatively, create a accounting for the funds. All these circumstances, taken cumulatively, create a legitimate and substantial doubt as to whether the testator was acting out of his legitimate and substantial doubt as to whether the testator was acting out of his legitimate and substantial doubt as to whether the testator was acting out of his legitimate and substantial doubt as to whether the testator was acting out of his TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document RSA-1972-1997 1997 (O&M) -10- - own free will or whether the dispositions reflect the appellant’s influence rather own free will or whether the dispositions reflect the appellant’s influence rathe own free will or whether the dispositions reflect the appellant’s influence rathe own free will or whether the dispositions reflect the appellant’s influence rathe than the testator’s true mind. The fact that the Will is registered does not, in the than the testator’s true mind. The fact that the Will is registered does not, in the than the testator’s true mind. The fact that the Will is registered does not, in the than the testator’s true mind. The fact that the Will is registered does not, in the egistration only proves that the circumstances of this case, remove the suspicion. Registration only proves that the circumstances of this case, remove the suspicion circumstances of this case, remove the suspicion document was presented and signed, not that the dispositions were voluntary and document was presented and signed, not that the dispositions were voluntary and document was presented and signed, not that the dispositions were voluntary and document was presented and signed, not that the dispositions were voluntary and stood. The appellant has thus failed to dispel the suspicious circumstances understood. The appellant has thus failed to dispel the suspicious circumstances stood. The appellant has thus failed to dispel the suspicious circumstances stood. The appellant has thus failed to dispel the suspicious circumstances that the which surround the Will, and I concur with the Lower Appellate Court that the which surround the Will, and I concur with the which surround the Will, and I concur with the Will cannot be treated as duly proved so as to displace the normal rule of Will cannot be treated as duly proved so as to displace the normal rule of Will cannot be treated as duly proved so as to displace the normal rule of Will cannot be treated as duly proved so as to displace the normal rule of succession. 14. tly, in the absence of a valid and proved testamentary Consequently, in the absence of a valid and proved testamentary tly, in the absence of a valid and proved testamentary Consequen disposition in favour of the appellant, the beneficial interest in the deposits must disposition in favour of the appellant, the beneficial interest in the deposits must disposition in favour of the appellant, the beneficial interest in the deposits must disposition in favour of the appellant, the beneficial interest in the deposits must follow the ordinary course of inheritance, and the entitlement of the plaintiff to half follow the ordinary course of inheritance, and the entitlement of the plaintiff to half follow the ordinary course of inheritance, and the entitlement of the plaintiff to half follow the ordinary course of inheritance, and the entitlement of the plaintiff to half g in the joint account and in the FDRs on the date of share in the amounts standing in the joint account and in the FDRs on the date of g in the joint account and in the FDRs on the date of share in the amounts standin Mohan Singh’s death stands affirmed. Mohan Singh’s death stands affirmed. Conclusion 15. The findings of the Lower Appellate Court The findings of the proof of Lower Appellate Court regarding the non-proof of the Will and the consequent succession to the joint deposits are findings of fact the Will and the consequent succession to the joint deposits are findings of fac the Will and the consequent succession to the joint deposits are findings of fac the Will and the consequent succession to the joint deposits are findings of fac based on proper appreciation of evidence and call for no interference. The based on proper appreciation of evidence and call for no interference. The based on proper appreciation of evidence and call for no interference. The based on proper appreciation of evidence and call for no interference. The appellant has failed to establish any legal infirmity in the impugned judgment. The appellant has failed to establish any legal infirmity in the impugned judgment. The appellant has failed to establish any legal infirmity in the impugned judgment. The appellant has failed to establish any legal infirmity in the impugned judgment. The appeal is accordingly dismissed. appeal is accordingly dismissed 16.
Decision
Pending application(s), if any, also stands disposed of. Pending application(s), if any, also stands disposed of. Pending application(s), if any, also stands disposed of. 2025 December 01, 2025 tripti Whether speaking/non Whether speaking/non-speaking : Speaking speaking : Speaking : Yes/No. : Yes/No. Whether reportable Whether reportable (MANDEEP PANNU) JUDGE TRIPTI SAINI 2025.12.02 14:41 I attest to the accuracy and integrity of this document