Harpal Singh Vs. Jagdish Singh and ors.

Decided On : Aug-29-2005

Court : Punjab and Haryana

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			'acts' => '<a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> - Sections 17 and 60; <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> - Sections 68; <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> - Sections 63; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 100',
			'appealno' => 'Regular Second Appeal No. 2839 of 2004',
			'appellant' => 'Harpal Singh',
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			'casename' => 'Harpal Singh Vs. Jagdish Singh and ors.',
			'casenote' => ' - HINDU LAW -- Custom: [Vijender Jain, C.J., M.M. Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ] Alienation of ancestral property - Punjab and Haryana -  Held, In respect of State of Punjab by virtue of Punjab Amendment Act, 1973 there is a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on ground that such alienation or appointment was contrary to custom. In Punjab the property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property  in hands of successor has to be treated as coparcenary property as well as ancestral property. Parties can fall back upon Hindu Law in case they fail to establish that rule of decision is custom. Therefore, in Haryana both under Hindu law and the Customary Law, the alienation would be open to challenge. Custom was given precedent over uncodified Hindu Law presumably for reason that custom has been consistently replacing the Hindu Law. However, it was soon realized that ancestral immovable property, which ordinarily held to be inalienable amongst Jats of Punjab by virtue of custom except for necessity, no limitation was placed on degrees of collateral, eligible to contest such alienation. It was, therefore, felt necessary to engraft certain restriction on degrees of collateral, eligible to contest an alienation, which under the custom itself was not limited. Accordingly, the Punjab Custom (Power to Contest) Act, 1920 (Act No.2 of 1920) was enacted. The Hindu Succession Act was extended to the State of Punjab.  Act 2 of Punjab Act defined expression alienation to include any testamentary disposition of property and appointment of an heir was to include any adoption made or purporting to be made according to custom. A further provision was made by Section 3 that Hindu Succession Act was to apply only in respect of alienation of immovable property or appointment of heirs made by persons who in regard to such alienation or appointment were governed by custom. Whereas  Section 4 declared that Hindu Succession Act was not to affect any right to contest any alienation or appointment of an heir made before the date on which the Succession Act was to come into force. In other words, Act, No.2 of 1920 was not to affect alienation or appointments of heir made before date on which it came into force. It also preserved the rights of any alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of 1973 right of contest being contrary to custom had been totally effaced and taken away. Therefore, no person has any right to contest any alienation of immovable property whether ancestral or non-ancestral on ground of being contrary to custom after January 23, 1973. In Haryana, the situation as enunciated by Act No.2 of 1920 continued to prevail in respect of alienation because no reforms parallel to Punjab as brought by Amendment Act of 1973, had been enacted although right to pre-emption has been substantially abolished in Haryana also. No steps even have been taken in that regard. Therefore, situation in Haryana have to be regarded as it existed under Act No. 2 of 1920.
HINDU SUCCESSION ACT,1956[C.A.No.30/1956] --  Sections 6 & 30: [Vijender Jain, C.J., M.M.Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ]  Alienation of coparcenary property - Law laid down by Full Bench in Joginder Singh Kundha Singh v Kehar Singh Dasaundha Singh [AIR 1965 Punjab 407] and Pritam Singh v Assistant Controller of Estate Duty, Patiala [1976 Punj LR 342] -Whether there is any conflict? - Held, The basic controversy in the Full Bench decision of Joginder Singhs case was regarding constitutional validity of Section 14 of Hindu Succession Act and as to whether it infringes Article 14 of Constitution. It was held that the estate held by male and limitation on his power of alienation were in no way removed and the reversioners were not debarred from challenging such alienations. The Full Bench held that Section 14 of Hindu Succession Act postulates that estate held by a Hindu female before enforcement of Succession Act either by inheritance or otherwise, was enlarged and on date of enforcement of Succession Act, she became a full owner. Likewise, if she has inherited any estate after the commencement of the Act,  she was to be regarded as absolute owner rather than a limited owner. Consequently, the limitations on power of alienation automatically vanished. This was the necessary result of the provisions made in Section 14 of the Act. The Full Bench further held that in respect of male proprietors, no corresponding provision was made either enlarging their estate in ancestral property or enlarging their power of alienation over property inherited by them. However, it noticed Section 30 and observed that it only deals with power of his share in coparcenary property by Will, which prior to enforcement of the Act, he had no right to do. The only provision made in respect of male proprietor regarding alienation of property was his power of alienation by Will. In so far as persons governed by custom are concerned, they continued to be governed by the restriction on the power of alienation of a male holder as existed before enforcement of the Act. Likewise, other restriction on alienation other than disposal by Will also continued. The Full Bench, thus, recognized the superior right of Hindu females by virtue of Section 14 and upheld the provision as intra vires. The argument that reversioners have ceased to exist after enactment of provisions of Section 14 of Succession Act, was rejected as there was no provision pointed out to that effect. The proposition laid down by the full Bench in Pritam Singhs case was that the Hindu Succession Act has not abolished joint Hindu family with respect to rights of those who were members of Mitakshara coparcenary, except in the manner and to the extent mentioned in Sections 6 and 30 of the Act, This Statement should also imply, though it does not say so expressly, the Succession Act to this extent does not affect the rights of the members governed by Dayabhaga coparcenary. The Full Bench in Pritam Singh;s case expressly noticed the judgment of earlier Full Bench in Joginder Singhs case but construed the same as irrelevant by observing that it dealt with the power of alienation of a person governed by Customary law and constitutional validity of Section 14 of Hindu Succession Act. Thus there is no real conflict between the two Full Bench judgments. Both the Full Bench judgments have been delivered on the assumption that Joginder Singhs case dealt with question of alienation whereas Pritam Singhs case had decided the question concerning succession. Even on fact in Joginder Singhs case the issue was validity of alienation by consent decree by a father to his two sons, which was challenged by third son, whereas in Pritam Singhs case the question of nature of property in hands of sons on death of their father had arisen  for purposes of assessment of estate duty. In Pritam  Singhs case the property in the hands of the sons was held to be coparcenary property and only 1/3rd of  property belonging to deceased father was considered eligible for estate duty. Therefore, there was no question of alienation in Pritam Singhs case. -  1 to 5. 21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. AIR2003SC3109 .It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act.',
			'caseanalysis' => null,
			'casesref' => 'Tek Bahadur Bhujil v. Debt Singh Bhujil;',
			'citingcases' => '',
			'counselplain' => ' Rakesh Gupta and; Dharam Kamboj, Advs.',
			'counseldef' => '',
			'court' => 'Punjab and Haryana',
			'court_type' => 'HC',
			'decidedon' => '2005-08-29',
			'deposition' => 'Appeal dismissed',
			'favorof' => null,
			'findings' => null,
			'judge' => ' M.M. Kumar, J.',
			'judgement' => '<p style="text-align: justify;">M.M. Kumar, J.</p><p style="text-align: justify;">1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure 1908 (for brevity, 'the Code') challenging concurrent findings of fact recorded by both the courts below holding that the Will Ex-D-5 dated 12.6.1982 executed by Harbhajari Singh in favour of the defendant-respondents which is registered document, does not suffer from any legal infirmity and has been duly proved by the defendant-respondents. The findings of the trial court on the question of validity of general power of attorney (Ex-P6=Ex-D1) dated 8.10.1993 holding that it was validly executed has been upheld by the learned lower appellate court. However, the judgment and decree Ex.P3 and P4 suffered by the Power of Attorney in favour of other defendant-respondents have been declared illegal for want of registration under Section 17 of the <a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> (for brevity, 'the Registration Act').</p><p style="text-align: justify;">2. There was one Kharak Singh who had three sons S/Sh. Hari Singh, Gurcharan Singh and Harbhajan Singh. The plaintiff-appellants are successor in interest of Hari Singh whereas the defendant-respondents are successor-in-interest of Gurcharan Singh. Harbhajan Singh the third brother died unmarried and issueless. Whereas the other two brothers Hari Singh and Gurcharan Singh had children who are litigating to claim the property of Harbhajan Singh. It is admitted position that the possession of the suit land is with the defendant-respondents. The basis of their possession is Mutation No. 1386 dated 20.11.1993 which in turn has been entered on account of a judgment and decree dated 20.10.1993 (Ex.P3 and P4) in favour of defendant-respondents. The decree was suffered by Gurmeet Singh defendant-respondent, one of the sons of Gurcharan Singh (who was constituted as a general power of attorney by Harbhajan Singh) in favour of other defendant-respondents. The trial Court however did not accept the judgment and decree because the decree was not registered under Section 17 of the Registration Act. The learned lower Appellate Court, however, did not feel the necessity of any registration of such a decree as it was concluded that the same was based on pre-existing rights of the panics. The view of the lower appellate court on the aforementioned issue reads as under:</p><p style="text-align: justify;">16. It is manifestly clear from the very statement of plaintiff Puran Singh that late Harbhajan Singh had actually executed the impugned general power of attorney in favour of Gurmeet Singh and that the factum of execution of the document was very much within the knowledge of the plaintiff/appellants. Neither of the two witnesses has deposed about the alleged fraud played upon late Harbhajan Singh by Gurmeet Singh while obtaining the general power of attorney Ex.P6 = Ex.D1. The execution of the document stands proved from the very statement of plaintiff Puran Singh. It cannot be said that the plaintiffs have been able to prove, on the strength of their evidence, that since late Harbhajan Singh was in illiterate ruralite, he never intended to authorize his attorney to transfer the land in favour of defendants No. 1 to 5.</p><p style="text-align: justify;">21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. The latter was a bachelor, who did not ever desire a child meaning thereby that the property was to devolve upon the heirs of his pre-deceased brothers namely late Hari Singh and late Gurcharan Singh. Since the defendants are the grand sons of late Gurcharan Singh, they definitely had a pre-existing right in the property and the decree was definitely not registrable. The impugned judgment and decree are valid documents which were rightly acted upon by the revenue authorities while sanctioning mutation No. 1386 on 20.11.1993, The plaintiffs have no case at all on that count.</p><p style="text-align: justify;">3. Both the courts below have also found that the Will dated 12.6.1982 executed by late Harbhajan Singh Ex. D5 has been duly proved by the defendant-respondents. The testator Harbhajan Singh has been proved to be living with the family of defendant-respondent namely Gurmeet Singh. The aforementioned fact has been proved by producing the ration card and voter list. The testator in fact died at his house. The scribe of the Will Shiv Kumar has died and his son Nihal Chand DW-3 had testified that the Will Ex. D5 was scribed by his father Shiv Kumar. He identified his signatures. Even the names of the witnesses had been recorded by the scribe in his own hand. DW-7 Pala Singh who is attesting witness of the document also testified that the contents of the documents were read over and explained to the testator who executed the document in his presence. He further stated that he attested the document as a witness in the presence of the testator. The Will was executed when the testator was in his early 50s and having sound disposing mind. Furthermore, the Will is a registered document and the fact of registration deserved to be given due weight on account of Section 60 of the Registration Act. The courts below have rejected the argument that participation of beneficiary in the execution of the will has vitiated the same and that the second attesting witness should have been examined. Similarly, deprivation of the other heir, namely, plaintiff-appellants from the will Ex.D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews.</p><p style="text-align: justify;">4. Mr. Rakesh Gupta, learned Counsel for the plaintiff-appellant made an attempt to pursuade me to accept his argument that the Will suffered from various suspicious circumstances. He also made an effort to argue that the absence of the second attesting witness would render the Will Ex. D5 as invalid. It cannot be presumed that the Will has been executed in accordance with law. Another argument was also raised that the judgment and decree dated 20.10.1993 Ex.P3 and P4 also suffered from legal infirmity of lack of registration.</p><p style="text-align: justify;">5. Having heard the learned Counsel at some length, I am of the considered opinion that no interference of this Court in the concurrent findings of fact would be warranted. The Will Ex.D5 dated 12.6.1982 (1983 ?) is a registered document which has been duly proved by the statement made by the son of scribe. He has proved in unequivocal terms that the Will was scribed by his father and the names of the attesting witnesses have also been written in the hand writing of his father. The statement of Nihal Chand DW-3 son of scribe Shiv Kumar has been accepted because he had been seeing his father signing and scribing the documents. The Will has further been proved by the statement made by one of the attesting witness Pala Singh who has appeared as DW-7. He has testified that the contents of the Will were read over and explained to late Harbhajan Singh and thereafter he signed and accepted the document in his presence. He further stated that he also attested the document as a witness in the presence of the testator. It has further been proved by Pala Singh that the other attesting witnesses has also signed in his presence. The Will has been proved in accordance with requirement of Section 68 of <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> (for brevity, 'Evidence Act') read with Section 63(c) of the <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> (for brevity, 'Succession Act')</p><p style="text-align: justify;">6. Once a will has been proved in accordance with the aforementioned provisions, furnishing of proof of any suspicious circumstances is on the shoulder of the plaintiff-appellant who has challenged the validity and genuineness of the will. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. In the present case, it is proved on record that the testator was living with the defendant-respondents at the time of his death. In this regard reliance may be placed on the observes made by the Supreme Court in the case of Ramabai Padmakar Patil (Dead) through L.Rs. and Ors. v. Rukminibai Vishnu Vekhande and Ors. : AIR2003SC3109 . It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The judgment of the Supreme Court in Ramabai Padmakar Patil's case (supra) has also dealt with the aforementioned legal position The same view has been taken by the Supreme Court in the case of Janki Narayan Bhoir v. Narayan Namdeo Kadam : [2002]SUPP5SCR175 . In paragraph 10 of the aforementioned judgment, the law has been discussed after making reference to the provisions of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The aforementioned observations of the Supreme Court read as under:-.On a combined reading of Section 63 of the Succession Act with Section 68 of the Evidence Act, it appears that a person propounding the will has got to prove that the will was duly and validly executed. That cannot be done by simply proving that the signature on the will was that of the testator but must also prove that attestations were also made properly as required by Clause (c) of Section 63 of the Succession Act. It is true that Section 68 of the Evidence Act does not say that both or all the attesting witnesses must be examined. But at least one attesting witness has to be called for proving due execution of the will as envisaged in Section 63. Although Section 63 of the Succession Act requires that a will has to be attested at least by two witnesses, Section 68 of the Evidence Act provides that a document, which is required by law to be attested, shall not be used as evidence until one attesting witness at least has been examined for the purpose of proving its due execution if such witness is alive and capable of giving evidence and subject to the process of the court. In a way, Section 68 gives a concession to those who want to prove and establish a will in a court of law by examining at least one attesting witness even though the will has to be attested at least by two witnesses mandatorily under Section 63 of the Succession Act. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words if one attesting witness can prove execution of the will in terms of Clause (c) of Section 63 viz. Attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the will by the other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act....</p><p style="text-align: justify;">Similar is the view expressed by the Supreme Court in paras 17, 19,20 arid 21 of the judgment in the case of Bhagat Ram and Anr. v. Suresh and Ors. : AIR2004SC436 ; in para 13 of the judgment of the Supreme Court in the case of P.S. Sairam and Anr. v. P.S. Rama Rao Pissey and Ors. 0085/2004 : AIR2004SC1619 and in para 18 of the judgment of the Supreme Court in the case of Sridevi and Ors. v. Jayaraja Shelly and Ors. 0065/2005 : AIR2005SC780 .</p><p style="text-align: justify;">7. Thus, there is no ground to interfere with the findings recorded by both the courts below on the aforementioned issue. The general power of attorney Ex.P6 dated 8.10.1993 has also been proved on record by cogent evidence adduced by the defendant-respondents. Therefore, I do not find any substance in the arguments raised by the learned Counsel for the plaintiff-appellant.</p><p style="text-align: justify;">8. The position is the same with regard to the judgment and decree dated 20.10.1993 Ex.P3 and P4 respectively. It has also been disputed that the defendant-respondents are in possession of the suit land on the basis of mutation dated 20.11.1993. The judgment of the Supreme Court Bhoop Singh v. Ram Singh Major and Ors. (1996-1)112 P.L.R. 559 (S.C.) would not be applicable to the facts of the present case because the defendant-respondents have pre-existing rights in the property left by Harbhajan Singh, their uncle. In the case of absence of any pre-existing right registration of any document worth more than Rs. 100/- would become necessary. Therefore, the decree would not require registration under Section 17 of the Registration Act. The aforementioned observation has been made after close analysis of the earlier two judgments of the Supreme Court passed in Maturi Pullaiah and Anr. v. Maturi Narasimham and Ors. A.I.R. 1966 S.C. 1836 and in Tek Bahadur Bhujil v. Debt Singh Bhujil : AIR1966SC292 .</p><p style="text-align: justify;">9. For the reasons aforementioned, this appeal fails and the same is dismissed. R.M.S. Appeal dismissed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(2006)142PLR503',
			'ratiodecidendi' => '',
			'respondent' => 'Jagdish Singh and ors.',
			'sub' => 'Family',
			'link' => null,
			'circuit' => null
		)
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		(int) 0 => '630275'
	)
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$title_for_layout = 'Harpal Singh Vs. Jagdish Singh and ors. Semantic Analysis'
$shops = array(
	'LAW' => array(
		(int) 0 => 'Section 100 of the Code of Civil Procedure 1908',
		(int) 1 => 'Section 17',
		(int) 2 => 'the Registration Act',
		(int) 3 => 'Section 17',
		(int) 4 => 'the Registration Act',
		(int) 5 => 'the Will Shiv Kumar',
		(int) 6 => 'Section 60',
		(int) 7 => 'the Registration Act',
		(int) 8 => 'Section 68 of Evidence Act',
		(int) 9 => 'Section 63(c',
		(int) 10 => 'the Indian Succession Act',
		(int) 11 => 'Section 68 of the Evidence Act and Section 63(c',
		(int) 12 => 'the Succession Act',
		(int) 13 => 'Section 68 of the Evidence Act and Section 63(c',
		(int) 14 => 'the Succession Act',
		(int) 15 => 'Section 63',
		(int) 16 => 'the Succession Act',
		(int) 17 => 'Section 68 of the Evidence Act',
		(int) 18 => 'Section 63',
		(int) 19 => 'the Succession Act',
		(int) 20 => 'Section 68 of the Evidence Act',
		(int) 21 => 'Section 63',
		(int) 22 => 'Section 63',
		(int) 23 => 'the Succession Act',
		(int) 24 => 'Section 68 of the Evidence Act',
		(int) 25 => 'Section 68',
		(int) 26 => 'Section 63',
		(int) 27 => 'the Succession Act',
		(int) 28 => 'Section 63',
		(int) 29 => 'Section 63',
		(int) 30 => 'the Succession Act....Similar',
		(int) 31 => 'Section 17',
		(int) 32 => 'the Registration Act'
	),
	'PERSON' => array(
		(int) 0 => 'M.M. Kumar',
		(int) 1 => 'J.1',
		(int) 2 => 'Harbhajari Singh',
		(int) 3 => 'Ex-D1',
		(int) 4 => 'Kharak Singh',
		(int) 5 => 'Hari Singh',
		(int) 6 => 'Gurcharan Singh',
		(int) 7 => 'Harbhajan Singh',
		(int) 8 => 'Hari Singh',
		(int) 9 => 'Gurcharan Singh',
		(int) 10 => 'Harbhajan Singh',
		(int) 11 => 'Hari Singh',
		(int) 12 => 'Gurcharan Singh',
		(int) 13 => 'Harbhajan Singh',
		(int) 14 => 'Gurmeet Singh',
		(int) 15 => 'Gurcharan Singh',
		(int) 16 => 'Harbhajan Singh',
		(int) 17 => 'Puran Singh',
		(int) 18 => 'Harbhajan Singh',
		(int) 19 => 'Gurmeet Singh',
		(int) 20 => 'Harbhajan Singh',
		(int) 21 => 'Gurmeet Singh',
		(int) 22 => 'Ex',
		(int) 23 => '= Ex',
		(int) 24 => 'Puran Singh',
		(int) 25 => 'Harbhajan Singh',
		(int) 26 => 'Harbhajan Singh',
		(int) 27 => 'Hari Singh',
		(int) 28 => 'Gurcharan Singh',
		(int) 29 => 'Gurcharan Singh',
		(int) 30 => 'Will',
		(int) 31 => 'Harbhajan Singh Ex',
		(int) 32 => 'Harbhajan Singh',
		(int) 33 => 'Gurmeet Singh',
		(int) 34 => 'Nihal Chand',
		(int) 35 => 'Will',
		(int) 36 => 'Rakesh Gupta',
		(int) 37 => 'Counsel',
		(int) 38 => 'the Will Ex',
		(int) 39 => 'Will',
		(int) 40 => '20.10.1993 Ex',
		(int) 41 => 'Will',
		(int) 42 => 'Pala Singh',
		(int) 43 => 'Harbhajan Singh',
		(int) 44 => 'Pala Singh',
		(int) 45 => 'Will',
		(int) 46 => 'Rukminibai Vishnu Vekhande',
		(int) 47 => 'Padmakar Patil's',
		(int) 48 => 'Narayan Bhoir',
		(int) 49 => 'Narayan Namdeo Kadam',
		(int) 50 => 'Anr',
		(int) 51 => 'Anr',
		(int) 52 => 'Rao Pissey',
		(int) 53 => 'Jayaraja Shelly',
		(int) 54 => 'Ex',
		(int) 55 => '20.10.1993 Ex',
		(int) 56 => 'Bhoop Singh v. Ram Singh Major',
		(int) 57 => 'Harbhajan Singh',
		(int) 58 => 'Anr',
		(int) 59 => 'Maturi Narasimham',
		(int) 60 => 'Debt Singh Bhujil'
	),
	'ORG' => array(
		(int) 0 => 'the Will Ex-D-5',
		(int) 1 => 'Ex-P6',
		(int) 2 => 'S/Sh',
		(int) 3 => 'Court',
		(int) 4 => 'Appellate Court',
		(int) 5 => 'Counsel',
		(int) 6 => 'Court',
		(int) 7 => 'Nihal Chand',
		(int) 8 => 'DW-7',
		(int) 9 => 'the Supreme Court',
		(int) 10 => 'Ors',
		(int) 11 => 'the Supreme Court',
		(int) 12 => 'the Supreme Court',
		(int) 13 => 'the Supreme Court',
		(int) 14 => 'the Supreme Court',
		(int) 15 => 'Bhagat Ram',
		(int) 16 => 'the Supreme Court',
		(int) 17 => 'P.S. Sairam',
		(int) 18 => 'the Supreme Court',
		(int) 19 => 'Sridevi and Ors',
		(int) 20 => 'the Supreme Court',
		(int) 21 => 'the Supreme Court',
		(int) 22 => 'Ors',
		(int) 23 => 'R.M.S. Appeal'
	),
	'DATE' => array(
		(int) 0 => '12.6.1982',
		(int) 1 => '1908',
		(int) 2 => '1386',
		(int) 3 => '1386',
		(int) 4 => '12.6.1982',
		(int) 5 => 'his early 50s',
		(int) 6 => '12.6.1982 (1983',
		(int) 7 => '1872',
		(int) 8 => '1925',
		(int) 9 => '1996-1)112'
	),
	'CARDINAL' => array(
		(int) 0 => 'one',
		(int) 1 => 'three',
		(int) 2 => 'two',
		(int) 3 => '20.11.1993',
		(int) 4 => 'one',
		(int) 5 => 'two',
		(int) 6 => '1',
		(int) 7 => '5.21',
		(int) 8 => '20.11.1993',
		(int) 9 => 'one',
		(int) 10 => 'one',
		(int) 11 => 'two',
		(int) 12 => '10',
		(int) 13 => 'at least one',
		(int) 14 => 'two',
		(int) 15 => 'one',
		(int) 16 => 'at least one',
		(int) 17 => 'two',
		(int) 18 => 'two',
		(int) 19 => 'one',
		(int) 20 => 'two',
		(int) 21 => '17',
		(int) 22 => '19,20',
		(int) 23 => '21',
		(int) 24 => '13',
		(int) 25 => '18',
		(int) 26 => '20.11.1993',
		(int) 27 => '559',
		(int) 28 => 'two'
	),
	'ORDINAL' => array(
		(int) 0 => 'third',
		(int) 1 => 'second',
		(int) 2 => 'second'
	),
	'PRODUCT' => array(
		(int) 0 => 'Shiv Kumar',
		(int) 1 => 'Shiv Kumar'
	),
	'GPE' => array(
		(int) 0 => 'Singh',
		(int) 1 => 'L.Rs',
		(int) 2 => 'Ramabai',
		(int) 3 => 'Janki',
		(int) 4 => 'P.S.',
		(int) 5 => 'S.C.',
		(int) 6 => 'A.I.R.'
	),
	'FAC' => array(
		(int) 0 => 'Ramabai Padmakar Patil',
		(int) 1 => 'Maturi Pullaiah'
	),
	'WORK_OF_ART' => array(
		(int) 0 => 'Suresh and Ors'
	),
	'EVENT' => array(
		(int) 0 => 'S.C. 1836'
	)
)
$desc = array(
	'Judgement' => array(
		'id' => '630275',
		'acts' => '<a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> - Sections 17 and 60; <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> - Sections 68; <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> - Sections 63; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 100',
		'appealno' => 'Regular Second Appeal No. 2839 of 2004',
		'appellant' => 'Harpal Singh',
		'authreffered' => '',
		'casename' => 'Harpal Singh Vs. Jagdish Singh and ors.',
		'casenote' => ' - HINDU LAW -- Custom: [Vijender Jain, C.J., M.M. Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ] Alienation of ancestral property - Punjab and Haryana -  Held, In respect of State of Punjab by virtue of Punjab Amendment Act, 1973 there is a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on ground that such alienation or appointment was contrary to custom. In Punjab the property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property  in hands of successor has to be treated as coparcenary property as well as ancestral property. Parties can fall back upon Hindu Law in case they fail to establish that rule of decision is custom. Therefore, in Haryana both under Hindu law and the Customary Law, the alienation would be open to challenge. Custom was given precedent over uncodified Hindu Law presumably for reason that custom has been consistently replacing the Hindu Law. However, it was soon realized that ancestral immovable property, which ordinarily held to be inalienable amongst Jats of Punjab by virtue of custom except for necessity, no limitation was placed on degrees of collateral, eligible to contest such alienation. It was, therefore, felt necessary to engraft certain restriction on degrees of collateral, eligible to contest an alienation, which under the custom itself was not limited. Accordingly, the Punjab Custom (Power to Contest) Act, 1920 (Act No.2 of 1920) was enacted. The Hindu Succession Act was extended to the State of Punjab.  Act 2 of Punjab Act defined expression alienation to include any testamentary disposition of property and appointment of an heir was to include any adoption made or purporting to be made according to custom. A further provision was made by Section 3 that Hindu Succession Act was to apply only in respect of alienation of immovable property or appointment of heirs made by persons who in regard to such alienation or appointment were governed by custom. Whereas  Section 4 declared that Hindu Succession Act was not to affect any right to contest any alienation or appointment of an heir made before the date on which the Succession Act was to come into force. In other words, Act, No.2 of 1920 was not to affect alienation or appointments of heir made before date on which it came into force. It also preserved the rights of any alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of 1973 right of contest being contrary to custom had been totally effaced and taken away. Therefore, no person has any right to contest any alienation of immovable property whether ancestral or non-ancestral on ground of being contrary to custom after January 23, 1973. In Haryana, the situation as enunciated by Act No.2 of 1920 continued to prevail in respect of alienation because no reforms parallel to Punjab as brought by Amendment Act of 1973, had been enacted although right to pre-emption has been substantially abolished in Haryana also. No steps even have been taken in that regard. Therefore, situation in Haryana have to be regarded as it existed under Act No. 2 of 1920.
HINDU SUCCESSION ACT,1956[C.A.No.30/1956] --  Sections 6 & 30: [Vijender Jain, C.J., M.M.Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ]  Alienation of coparcenary property - Law laid down by Full Bench in Joginder Singh Kundha Singh v Kehar Singh Dasaundha Singh [AIR 1965 Punjab 407] and Pritam Singh v Assistant Controller of Estate Duty, Patiala [1976 Punj LR 342] -Whether there is any conflict? - Held, The basic controversy in the Full Bench decision of Joginder Singhs case was regarding constitutional validity of Section 14 of Hindu Succession Act and as to whether it infringes Article 14 of Constitution. It was held that the estate held by male and limitation on his power of alienation were in no way removed and the reversioners were not debarred from challenging such alienations. The Full Bench held that Section 14 of Hindu Succession Act postulates that estate held by a Hindu female before enforcement of Succession Act either by inheritance or otherwise, was enlarged and on date of enforcement of Succession Act, she became a full owner. Likewise, if she has inherited any estate after the commencement of the Act,  she was to be regarded as absolute owner rather than a limited owner. Consequently, the limitations on power of alienation automatically vanished. This was the necessary result of the provisions made in Section 14 of the Act. The Full Bench further held that in respect of male proprietors, no corresponding provision was made either enlarging their estate in ancestral property or enlarging their power of alienation over property inherited by them. However, it noticed Section 30 and observed that it only deals with power of his share in coparcenary property by Will, which prior to enforcement of the Act, he had no right to do. The only provision made in respect of male proprietor regarding alienation of property was his power of alienation by Will. In so far as persons governed by custom are concerned, they continued to be governed by the restriction on the power of alienation of a male holder as existed before enforcement of the Act. Likewise, other restriction on alienation other than disposal by Will also continued. The Full Bench, thus, recognized the superior right of Hindu females by virtue of Section 14 and upheld the provision as intra vires. The argument that reversioners have ceased to exist after enactment of provisions of Section 14 of Succession Act, was rejected as there was no provision pointed out to that effect. The proposition laid down by the full Bench in Pritam Singhs case was that the Hindu Succession Act has not abolished joint Hindu family with respect to rights of those who were members of Mitakshara coparcenary, except in the manner and to the extent mentioned in Sections 6 and 30 of the Act, This Statement should also imply, though it does not say so expressly, the Succession Act to this extent does not affect the rights of the members governed by Dayabhaga coparcenary. The Full Bench in Pritam Singh;s case expressly noticed the judgment of earlier Full Bench in Joginder Singhs case but construed the same as irrelevant by observing that it dealt with the power of alienation of a person governed by Customary law and constitutional validity of Section 14 of Hindu Succession Act. Thus there is no real conflict between the two Full Bench judgments. Both the Full Bench judgments have been delivered on the assumption that Joginder Singhs case dealt with question of alienation whereas Pritam Singhs case had decided the question concerning succession. Even on fact in Joginder Singhs case the issue was validity of alienation by consent decree by a father to his two sons, which was challenged by third son, whereas in Pritam Singhs case the question of nature of property in hands of sons on death of their father had arisen  for purposes of assessment of estate duty. In Pritam  Singhs case the property in the hands of the sons was held to be coparcenary property and only 1/3rd of  property belonging to deceased father was considered eligible for estate duty. Therefore, there was no question of alienation in Pritam Singhs case. -  1 to 5. 21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. AIR2003SC3109 .It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act.',
		'caseanalysis' => null,
		'casesref' => 'Tek Bahadur Bhujil v. Debt Singh Bhujil;',
		'citingcases' => '',
		'counselplain' => ' Rakesh Gupta and; Dharam Kamboj, Advs.',
		'counseldef' => '',
		'court' => 'Punjab and Haryana',
		'court_type' => 'HC',
		'decidedon' => '2005-08-29',
		'deposition' => 'Appeal dismissed',
		'favorof' => null,
		'findings' => null,
		'judge' => ' M.M. Kumar, J.',
		'judgement' => '<p style="text-align: justify;">M.M. Kumar, J.</p><p style="text-align: justify;">1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure 1908 (for brevity, 'the Code') challenging concurrent findings of fact recorded by both the courts below holding that the Will Ex-D-5 dated 12.6.1982 executed by Harbhajari Singh in favour of the defendant-respondents which is registered document, does not suffer from any legal infirmity and has been duly proved by the defendant-respondents. The findings of the trial court on the question of validity of general power of attorney (Ex-P6=Ex-D1) dated 8.10.1993 holding that it was validly executed has been upheld by the learned lower appellate court. However, the judgment and decree Ex.P3 and P4 suffered by the Power of Attorney in favour of other defendant-respondents have been declared illegal for want of registration under Section 17 of the <a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> (for brevity, 'the Registration Act').</p><p style="text-align: justify;">2. There was one Kharak Singh who had three sons S/Sh. Hari Singh, Gurcharan Singh and Harbhajan Singh. The plaintiff-appellants are successor in interest of Hari Singh whereas the defendant-respondents are successor-in-interest of Gurcharan Singh. Harbhajan Singh the third brother died unmarried and issueless. Whereas the other two brothers Hari Singh and Gurcharan Singh had children who are litigating to claim the property of Harbhajan Singh. It is admitted position that the possession of the suit land is with the defendant-respondents. The basis of their possession is Mutation No. 1386 dated 20.11.1993 which in turn has been entered on account of a judgment and decree dated 20.10.1993 (Ex.P3 and P4) in favour of defendant-respondents. The decree was suffered by Gurmeet Singh defendant-respondent, one of the sons of Gurcharan Singh (who was constituted as a general power of attorney by Harbhajan Singh) in favour of other defendant-respondents. The trial Court however did not accept the judgment and decree because the decree was not registered under Section 17 of the Registration Act. The learned lower Appellate Court, however, did not feel the necessity of any registration of such a decree as it was concluded that the same was based on pre-existing rights of the panics. The view of the lower appellate court on the aforementioned issue reads as under:</p><p style="text-align: justify;">16. It is manifestly clear from the very statement of plaintiff Puran Singh that late Harbhajan Singh had actually executed the impugned general power of attorney in favour of Gurmeet Singh and that the factum of execution of the document was very much within the knowledge of the plaintiff/appellants. Neither of the two witnesses has deposed about the alleged fraud played upon late Harbhajan Singh by Gurmeet Singh while obtaining the general power of attorney Ex.P6 = Ex.D1. The execution of the document stands proved from the very statement of plaintiff Puran Singh. It cannot be said that the plaintiffs have been able to prove, on the strength of their evidence, that since late Harbhajan Singh was in illiterate ruralite, he never intended to authorize his attorney to transfer the land in favour of defendants No. 1 to 5.</p><p style="text-align: justify;">21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. The latter was a bachelor, who did not ever desire a child meaning thereby that the property was to devolve upon the heirs of his pre-deceased brothers namely late Hari Singh and late Gurcharan Singh. Since the defendants are the grand sons of late Gurcharan Singh, they definitely had a pre-existing right in the property and the decree was definitely not registrable. The impugned judgment and decree are valid documents which were rightly acted upon by the revenue authorities while sanctioning mutation No. 1386 on 20.11.1993, The plaintiffs have no case at all on that count.</p><p style="text-align: justify;">3. Both the courts below have also found that the Will dated 12.6.1982 executed by late Harbhajan Singh Ex. D5 has been duly proved by the defendant-respondents. The testator Harbhajan Singh has been proved to be living with the family of defendant-respondent namely Gurmeet Singh. The aforementioned fact has been proved by producing the ration card and voter list. The testator in fact died at his house. The scribe of the Will Shiv Kumar has died and his son Nihal Chand DW-3 had testified that the Will Ex. D5 was scribed by his father Shiv Kumar. He identified his signatures. Even the names of the witnesses had been recorded by the scribe in his own hand. DW-7 Pala Singh who is attesting witness of the document also testified that the contents of the documents were read over and explained to the testator who executed the document in his presence. He further stated that he attested the document as a witness in the presence of the testator. The Will was executed when the testator was in his early 50s and having sound disposing mind. Furthermore, the Will is a registered document and the fact of registration deserved to be given due weight on account of Section 60 of the Registration Act. The courts below have rejected the argument that participation of beneficiary in the execution of the will has vitiated the same and that the second attesting witness should have been examined. Similarly, deprivation of the other heir, namely, plaintiff-appellants from the will Ex.D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews.</p><p style="text-align: justify;">4. Mr. Rakesh Gupta, learned Counsel for the plaintiff-appellant made an attempt to pursuade me to accept his argument that the Will suffered from various suspicious circumstances. He also made an effort to argue that the absence of the second attesting witness would render the Will Ex. D5 as invalid. It cannot be presumed that the Will has been executed in accordance with law. Another argument was also raised that the judgment and decree dated 20.10.1993 Ex.P3 and P4 also suffered from legal infirmity of lack of registration.</p><p style="text-align: justify;">5. Having heard the learned Counsel at some length, I am of the considered opinion that no interference of this Court in the concurrent findings of fact would be warranted. The Will Ex.D5 dated 12.6.1982 (1983 ?) is a registered document which has been duly proved by the statement made by the son of scribe. He has proved in unequivocal terms that the Will was scribed by his father and the names of the attesting witnesses have also been written in the hand writing of his father. The statement of Nihal Chand DW-3 son of scribe Shiv Kumar has been accepted because he had been seeing his father signing and scribing the documents. The Will has further been proved by the statement made by one of the attesting witness Pala Singh who has appeared as DW-7. He has testified that the contents of the Will were read over and explained to late Harbhajan Singh and thereafter he signed and accepted the document in his presence. He further stated that he also attested the document as a witness in the presence of the testator. It has further been proved by Pala Singh that the other attesting witnesses has also signed in his presence. The Will has been proved in accordance with requirement of Section 68 of <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> (for brevity, 'Evidence Act') read with Section 63(c) of the <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> (for brevity, 'Succession Act')</p><p style="text-align: justify;">6. Once a will has been proved in accordance with the aforementioned provisions, furnishing of proof of any suspicious circumstances is on the shoulder of the plaintiff-appellant who has challenged the validity and genuineness of the will. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. In the present case, it is proved on record that the testator was living with the defendant-respondents at the time of his death. In this regard reliance may be placed on the observes made by the Supreme Court in the case of Ramabai Padmakar Patil (Dead) through L.Rs. and Ors. v. Rukminibai Vishnu Vekhande and Ors. : AIR2003SC3109 . It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The judgment of the Supreme Court in Ramabai Padmakar Patil's case (supra) has also dealt with the aforementioned legal position The same view has been taken by the Supreme Court in the case of Janki Narayan Bhoir v. Narayan Namdeo Kadam : [2002]SUPP5SCR175 . In paragraph 10 of the aforementioned judgment, the law has been discussed after making reference to the provisions of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The aforementioned observations of the Supreme Court read as under:-.On a combined reading of Section 63 of the Succession Act with Section 68 of the Evidence Act, it appears that a person propounding the will has got to prove that the will was duly and validly executed. That cannot be done by simply proving that the signature on the will was that of the testator but must also prove that attestations were also made properly as required by Clause (c) of Section 63 of the Succession Act. It is true that Section 68 of the Evidence Act does not say that both or all the attesting witnesses must be examined. But at least one attesting witness has to be called for proving due execution of the will as envisaged in Section 63. Although Section 63 of the Succession Act requires that a will has to be attested at least by two witnesses, Section 68 of the Evidence Act provides that a document, which is required by law to be attested, shall not be used as evidence until one attesting witness at least has been examined for the purpose of proving its due execution if such witness is alive and capable of giving evidence and subject to the process of the court. In a way, Section 68 gives a concession to those who want to prove and establish a will in a court of law by examining at least one attesting witness even though the will has to be attested at least by two witnesses mandatorily under Section 63 of the Succession Act. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words if one attesting witness can prove execution of the will in terms of Clause (c) of Section 63 viz. Attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the will by the other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act....</p><p style="text-align: justify;">Similar is the view expressed by the Supreme Court in paras 17, 19,20 arid 21 of the judgment in the case of Bhagat Ram and Anr. v. Suresh and Ors. : AIR2004SC436 ; in para 13 of the judgment of the Supreme Court in the case of P.S. Sairam and Anr. v. P.S. Rama Rao Pissey and Ors. 0085/2004 : AIR2004SC1619 and in para 18 of the judgment of the Supreme Court in the case of Sridevi and Ors. v. Jayaraja Shelly and Ors. 0065/2005 : AIR2005SC780 .</p><p style="text-align: justify;">7. Thus, there is no ground to interfere with the findings recorded by both the courts below on the aforementioned issue. The general power of attorney Ex.P6 dated 8.10.1993 has also been proved on record by cogent evidence adduced by the defendant-respondents. Therefore, I do not find any substance in the arguments raised by the learned Counsel for the plaintiff-appellant.</p><p style="text-align: justify;">8. The position is the same with regard to the judgment and decree dated 20.10.1993 Ex.P3 and P4 respectively. It has also been disputed that the defendant-respondents are in possession of the suit land on the basis of mutation dated 20.11.1993. The judgment of the Supreme Court Bhoop Singh v. Ram Singh Major and Ors. (1996-1)112 P.L.R. 559 (S.C.) would not be applicable to the facts of the present case because the defendant-respondents have pre-existing rights in the property left by Harbhajan Singh, their uncle. In the case of absence of any pre-existing right registration of any document worth more than Rs. 100/- would become necessary. Therefore, the decree would not require registration under Section 17 of the Registration Act. The aforementioned observation has been made after close analysis of the earlier two judgments of the Supreme Court passed in Maturi Pullaiah and Anr. v. Maturi Narasimham and Ors. A.I.R. 1966 S.C. 1836 and in Tek Bahadur Bhujil v. Debt Singh Bhujil : AIR1966SC292 .</p><p style="text-align: justify;">9. For the reasons aforementioned, this appeal fails and the same is dismissed. R.M.S. Appeal dismissed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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	'title_for_layout' => 'Harpal Singh Vs. Jagdish Singh and ors. Semantic Analysis',
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			(int) 17 => 'Puran Singh',
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			(int) 32 => 'Harbhajan Singh',
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			(int) 36 => 'Rakesh Gupta',
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			(int) 51 => 'Anr',
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			(int) 53 => 'Jayaraja Shelly',
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		'DATE' => array(
			(int) 0 => '12.6.1982',
			(int) 1 => '1908',
			(int) 2 => '1386',
			(int) 3 => '1386',
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			(int) 5 => 'his early 50s',
			(int) 6 => '12.6.1982 (1983',
			(int) 7 => '1872',
			(int) 8 => '1925',
			(int) 9 => '1996-1)112'
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		'CARDINAL' => array(
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			(int) 1 => 'three',
			(int) 2 => 'two',
			(int) 3 => '20.11.1993',
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			(int) 6 => '1',
			(int) 7 => '5.21',
			(int) 8 => '20.11.1993',
			(int) 9 => 'one',
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			(int) 24 => '13',
			(int) 25 => '18',
			(int) 26 => '20.11.1993',
			(int) 27 => '559',
			(int) 28 => 'two'
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		'ORDINAL' => array(
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			(int) 2 => 'Ramabai',
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			(int) 4 => 'P.S.',
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			(int) 6 => 'A.I.R.'
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		'FAC' => array(
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			(int) 1 => 'Maturi Pullaiah'
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		'WORK_OF_ART' => array(
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			'id' => '630275',
			'acts' => '<a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> - Sections 17 and 60; <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> - Sections 68; <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> - Sections 63; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 100',
			'appealno' => 'Regular Second Appeal No. 2839 of 2004',
			'appellant' => 'Harpal Singh',
			'authreffered' => '',
			'casename' => 'Harpal Singh Vs. Jagdish Singh and ors.',
			'casenote' => ' - HINDU LAW -- Custom: [Vijender Jain, C.J., M.M. Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ] Alienation of ancestral property - Punjab and Haryana -  Held, In respect of State of Punjab by virtue of Punjab Amendment Act, 1973 there is a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on ground that such alienation or appointment was contrary to custom. In Punjab the property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property  in hands of successor has to be treated as coparcenary property as well as ancestral property. Parties can fall back upon Hindu Law in case they fail to establish that rule of decision is custom. Therefore, in Haryana both under Hindu law and the Customary Law, the alienation would be open to challenge. Custom was given precedent over uncodified Hindu Law presumably for reason that custom has been consistently replacing the Hindu Law. However, it was soon realized that ancestral immovable property, which ordinarily held to be inalienable amongst Jats of Punjab by virtue of custom except for necessity, no limitation was placed on degrees of collateral, eligible to contest such alienation. It was, therefore, felt necessary to engraft certain restriction on degrees of collateral, eligible to contest an alienation, which under the custom itself was not limited. Accordingly, the Punjab Custom (Power to Contest) Act, 1920 (Act No.2 of 1920) was enacted. The Hindu Succession Act was extended to the State of Punjab.  Act 2 of Punjab Act defined expression alienation to include any testamentary disposition of property and appointment of an heir was to include any adoption made or purporting to be made according to custom. A further provision was made by Section 3 that Hindu Succession Act was to apply only in respect of alienation of immovable property or appointment of heirs made by persons who in regard to such alienation or appointment were governed by custom. Whereas  Section 4 declared that Hindu Succession Act was not to affect any right to contest any alienation or appointment of an heir made before the date on which the Succession Act was to come into force. In other words, Act, No.2 of 1920 was not to affect alienation or appointments of heir made before date on which it came into force. It also preserved the rights of any alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of 1973 right of contest being contrary to custom had been totally effaced and taken away. Therefore, no person has any right to contest any alienation of immovable property whether ancestral or non-ancestral on ground of being contrary to custom after January 23, 1973. In Haryana, the situation as enunciated by Act No.2 of 1920 continued to prevail in respect of alienation because no reforms parallel to Punjab as brought by Amendment Act of 1973, had been enacted although right to pre-emption has been substantially abolished in Haryana also. No steps even have been taken in that regard. Therefore, situation in Haryana have to be regarded as it existed under Act No. 2 of 1920.
HINDU SUCCESSION ACT,1956[C.A.No.30/1956] --  Sections 6 & 30: [Vijender Jain, C.J., M.M.Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ]  Alienation of coparcenary property - Law laid down by Full Bench in Joginder Singh Kundha Singh v Kehar Singh Dasaundha Singh [AIR 1965 Punjab 407] and Pritam Singh v Assistant Controller of Estate Duty, Patiala [1976 Punj LR 342] -Whether there is any conflict? - Held, The basic controversy in the Full Bench decision of Joginder Singhs case was regarding constitutional validity of Section 14 of Hindu Succession Act and as to whether it infringes Article 14 of Constitution. It was held that the estate held by male and limitation on his power of alienation were in no way removed and the reversioners were not debarred from challenging such alienations. The Full Bench held that Section 14 of Hindu Succession Act postulates that estate held by a Hindu female before enforcement of Succession Act either by inheritance or otherwise, was enlarged and on date of enforcement of Succession Act, she became a full owner. Likewise, if she has inherited any estate after the commencement of the Act,  she was to be regarded as absolute owner rather than a limited owner. Consequently, the limitations on power of alienation automatically vanished. This was the necessary result of the provisions made in Section 14 of the Act. The Full Bench further held that in respect of male proprietors, no corresponding provision was made either enlarging their estate in ancestral property or enlarging their power of alienation over property inherited by them. However, it noticed Section 30 and observed that it only deals with power of his share in coparcenary property by Will, which prior to enforcement of the Act, he had no right to do. The only provision made in respect of male proprietor regarding alienation of property was his power of alienation by Will. In so far as persons governed by custom are concerned, they continued to be governed by the restriction on the power of alienation of a male holder as existed before enforcement of the Act. Likewise, other restriction on alienation other than disposal by Will also continued. The Full Bench, thus, recognized the superior right of Hindu females by virtue of Section 14 and upheld the provision as intra vires. The argument that reversioners have ceased to exist after enactment of provisions of Section 14 of Succession Act, was rejected as there was no provision pointed out to that effect. The proposition laid down by the full Bench in Pritam Singhs case was that the Hindu Succession Act has not abolished joint Hindu family with respect to rights of those who were members of Mitakshara coparcenary, except in the manner and to the extent mentioned in Sections 6 and 30 of the Act, This Statement should also imply, though it does not say so expressly, the Succession Act to this extent does not affect the rights of the members governed by Dayabhaga coparcenary. The Full Bench in Pritam Singh;s case expressly noticed the judgment of earlier Full Bench in Joginder Singhs case but construed the same as irrelevant by observing that it dealt with the power of alienation of a person governed by Customary law and constitutional validity of Section 14 of Hindu Succession Act. Thus there is no real conflict between the two Full Bench judgments. Both the Full Bench judgments have been delivered on the assumption that Joginder Singhs case dealt with question of alienation whereas Pritam Singhs case had decided the question concerning succession. Even on fact in Joginder Singhs case the issue was validity of alienation by consent decree by a father to his two sons, which was challenged by third son, whereas in Pritam Singhs case the question of nature of property in hands of sons on death of their father had arisen  for purposes of assessment of estate duty. In Pritam  Singhs case the property in the hands of the sons was held to be coparcenary property and only 1/3rd of  property belonging to deceased father was considered eligible for estate duty. Therefore, there was no question of alienation in Pritam Singhs case. -  1 to 5. 21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. AIR2003SC3109 .It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act.',
			'caseanalysis' => null,
			'casesref' => 'Tek Bahadur Bhujil v. Debt Singh Bhujil;',
			'citingcases' => '',
			'counselplain' => ' Rakesh Gupta and; Dharam Kamboj, Advs.',
			'counseldef' => '',
			'court' => 'Punjab and Haryana',
			'court_type' => 'HC',
			'decidedon' => '2005-08-29',
			'deposition' => 'Appeal dismissed',
			'favorof' => null,
			'findings' => null,
			'judge' => ' M.M. Kumar, J.',
			'judgement' => '<p style="text-align: justify;">M.M. Kumar, J.</p><p style="text-align: justify;">1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure 1908 (for brevity, 'the Code') challenging concurrent findings of fact recorded by both the courts below holding that the Will Ex-D-5 dated 12.6.1982 executed by Harbhajari Singh in favour of the defendant-respondents which is registered document, does not suffer from any legal infirmity and has been duly proved by the defendant-respondents. The findings of the trial court on the question of validity of general power of attorney (Ex-P6=Ex-D1) dated 8.10.1993 holding that it was validly executed has been upheld by the learned lower appellate court. However, the judgment and decree Ex.P3 and P4 suffered by the Power of Attorney in favour of other defendant-respondents have been declared illegal for want of registration under Section 17 of the <a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> (for brevity, 'the Registration Act').</p><p style="text-align: justify;">2. There was one Kharak Singh who had three sons S/Sh. Hari Singh, Gurcharan Singh and Harbhajan Singh. The plaintiff-appellants are successor in interest of Hari Singh whereas the defendant-respondents are successor-in-interest of Gurcharan Singh. Harbhajan Singh the third brother died unmarried and issueless. Whereas the other two brothers Hari Singh and Gurcharan Singh had children who are litigating to claim the property of Harbhajan Singh. It is admitted position that the possession of the suit land is with the defendant-respondents. The basis of their possession is Mutation No. 1386 dated 20.11.1993 which in turn has been entered on account of a judgment and decree dated 20.10.1993 (Ex.P3 and P4) in favour of defendant-respondents. The decree was suffered by Gurmeet Singh defendant-respondent, one of the sons of Gurcharan Singh (who was constituted as a general power of attorney by Harbhajan Singh) in favour of other defendant-respondents. The trial Court however did not accept the judgment and decree because the decree was not registered under Section 17 of the Registration Act. The learned lower Appellate Court, however, did not feel the necessity of any registration of such a decree as it was concluded that the same was based on pre-existing rights of the panics. The view of the lower appellate court on the aforementioned issue reads as under:</p><p style="text-align: justify;">16. It is manifestly clear from the very statement of plaintiff Puran Singh that late Harbhajan Singh had actually executed the impugned general power of attorney in favour of Gurmeet Singh and that the factum of execution of the document was very much within the knowledge of the plaintiff/appellants. Neither of the two witnesses has deposed about the alleged fraud played upon late Harbhajan Singh by Gurmeet Singh while obtaining the general power of attorney Ex.P6 = Ex.D1. The execution of the document stands proved from the very statement of plaintiff Puran Singh. It cannot be said that the plaintiffs have been able to prove, on the strength of their evidence, that since late Harbhajan Singh was in illiterate ruralite, he never intended to authorize his attorney to transfer the land in favour of defendants No. 1 to 5.</p><p style="text-align: justify;">21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. The latter was a bachelor, who did not ever desire a child meaning thereby that the property was to devolve upon the heirs of his pre-deceased brothers namely late Hari Singh and late Gurcharan Singh. Since the defendants are the grand sons of late Gurcharan Singh, they definitely had a pre-existing right in the property and the decree was definitely not registrable. The impugned judgment and decree are valid documents which were rightly acted upon by the revenue authorities while sanctioning mutation No. 1386 on 20.11.1993, The plaintiffs have no case at all on that count.</p><p style="text-align: justify;">3. Both the courts below have also found that the Will dated 12.6.1982 executed by late Harbhajan Singh Ex. D5 has been duly proved by the defendant-respondents. The testator Harbhajan Singh has been proved to be living with the family of defendant-respondent namely Gurmeet Singh. The aforementioned fact has been proved by producing the ration card and voter list. The testator in fact died at his house. The scribe of the Will Shiv Kumar has died and his son Nihal Chand DW-3 had testified that the Will Ex. D5 was scribed by his father Shiv Kumar. He identified his signatures. Even the names of the witnesses had been recorded by the scribe in his own hand. DW-7 Pala Singh who is attesting witness of the document also testified that the contents of the documents were read over and explained to the testator who executed the document in his presence. He further stated that he attested the document as a witness in the presence of the testator. The Will was executed when the testator was in his early 50s and having sound disposing mind. Furthermore, the Will is a registered document and the fact of registration deserved to be given due weight on account of Section 60 of the Registration Act. The courts below have rejected the argument that participation of beneficiary in the execution of the will has vitiated the same and that the second attesting witness should have been examined. Similarly, deprivation of the other heir, namely, plaintiff-appellants from the will Ex.D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews.</p><p style="text-align: justify;">4. Mr. Rakesh Gupta, learned Counsel for the plaintiff-appellant made an attempt to pursuade me to accept his argument that the Will suffered from various suspicious circumstances. He also made an effort to argue that the absence of the second attesting witness would render the Will Ex. D5 as invalid. It cannot be presumed that the Will has been executed in accordance with law. Another argument was also raised that the judgment and decree dated 20.10.1993 Ex.P3 and P4 also suffered from legal infirmity of lack of registration.</p><p style="text-align: justify;">5. Having heard the learned Counsel at some length, I am of the considered opinion that no interference of this Court in the concurrent findings of fact would be warranted. The Will Ex.D5 dated 12.6.1982 (1983 ?) is a registered document which has been duly proved by the statement made by the son of scribe. He has proved in unequivocal terms that the Will was scribed by his father and the names of the attesting witnesses have also been written in the hand writing of his father. The statement of Nihal Chand DW-3 son of scribe Shiv Kumar has been accepted because he had been seeing his father signing and scribing the documents. The Will has further been proved by the statement made by one of the attesting witness Pala Singh who has appeared as DW-7. He has testified that the contents of the Will were read over and explained to late Harbhajan Singh and thereafter he signed and accepted the document in his presence. He further stated that he also attested the document as a witness in the presence of the testator. It has further been proved by Pala Singh that the other attesting witnesses has also signed in his presence. The Will has been proved in accordance with requirement of Section 68 of <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> (for brevity, 'Evidence Act') read with Section 63(c) of the <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> (for brevity, 'Succession Act')</p><p style="text-align: justify;">6. Once a will has been proved in accordance with the aforementioned provisions, furnishing of proof of any suspicious circumstances is on the shoulder of the plaintiff-appellant who has challenged the validity and genuineness of the will. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. In the present case, it is proved on record that the testator was living with the defendant-respondents at the time of his death. In this regard reliance may be placed on the observes made by the Supreme Court in the case of Ramabai Padmakar Patil (Dead) through L.Rs. and Ors. v. Rukminibai Vishnu Vekhande and Ors. : AIR2003SC3109 . It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The judgment of the Supreme Court in Ramabai Padmakar Patil's case (supra) has also dealt with the aforementioned legal position The same view has been taken by the Supreme Court in the case of Janki Narayan Bhoir v. Narayan Namdeo Kadam : [2002]SUPP5SCR175 . In paragraph 10 of the aforementioned judgment, the law has been discussed after making reference to the provisions of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The aforementioned observations of the Supreme Court read as under:-.On a combined reading of Section 63 of the Succession Act with Section 68 of the Evidence Act, it appears that a person propounding the will has got to prove that the will was duly and validly executed. That cannot be done by simply proving that the signature on the will was that of the testator but must also prove that attestations were also made properly as required by Clause (c) of Section 63 of the Succession Act. It is true that Section 68 of the Evidence Act does not say that both or all the attesting witnesses must be examined. But at least one attesting witness has to be called for proving due execution of the will as envisaged in Section 63. Although Section 63 of the Succession Act requires that a will has to be attested at least by two witnesses, Section 68 of the Evidence Act provides that a document, which is required by law to be attested, shall not be used as evidence until one attesting witness at least has been examined for the purpose of proving its due execution if such witness is alive and capable of giving evidence and subject to the process of the court. In a way, Section 68 gives a concession to those who want to prove and establish a will in a court of law by examining at least one attesting witness even though the will has to be attested at least by two witnesses mandatorily under Section 63 of the Succession Act. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words if one attesting witness can prove execution of the will in terms of Clause (c) of Section 63 viz. Attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the will by the other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act....</p><p style="text-align: justify;">Similar is the view expressed by the Supreme Court in paras 17, 19,20 arid 21 of the judgment in the case of Bhagat Ram and Anr. v. Suresh and Ors. : AIR2004SC436 ; in para 13 of the judgment of the Supreme Court in the case of P.S. Sairam and Anr. v. P.S. Rama Rao Pissey and Ors. 0085/2004 : AIR2004SC1619 and in para 18 of the judgment of the Supreme Court in the case of Sridevi and Ors. v. Jayaraja Shelly and Ors. 0065/2005 : AIR2005SC780 .</p><p style="text-align: justify;">7. Thus, there is no ground to interfere with the findings recorded by both the courts below on the aforementioned issue. The general power of attorney Ex.P6 dated 8.10.1993 has also been proved on record by cogent evidence adduced by the defendant-respondents. Therefore, I do not find any substance in the arguments raised by the learned Counsel for the plaintiff-appellant.</p><p style="text-align: justify;">8. The position is the same with regard to the judgment and decree dated 20.10.1993 Ex.P3 and P4 respectively. It has also been disputed that the defendant-respondents are in possession of the suit land on the basis of mutation dated 20.11.1993. The judgment of the Supreme Court Bhoop Singh v. Ram Singh Major and Ors. (1996-1)112 P.L.R. 559 (S.C.) would not be applicable to the facts of the present case because the defendant-respondents have pre-existing rights in the property left by Harbhajan Singh, their uncle. In the case of absence of any pre-existing right registration of any document worth more than Rs. 100/- would become necessary. Therefore, the decree would not require registration under Section 17 of the Registration Act. The aforementioned observation has been made after close analysis of the earlier two judgments of the Supreme Court passed in Maturi Pullaiah and Anr. v. Maturi Narasimham and Ors. A.I.R. 1966 S.C. 1836 and in Tek Bahadur Bhujil v. Debt Singh Bhujil : AIR1966SC292 .</p><p style="text-align: justify;">9. For the reasons aforementioned, this appeal fails and the same is dismissed. R.M.S. Appeal dismissed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
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			'prhistory' => '',
			'pubs' => '(2006)142PLR503',
			'ratiodecidendi' => '',
			'respondent' => 'Jagdish Singh and ors.',
			'sub' => 'Family',
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			'circuit' => null
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$title_for_layout = 'Harpal Singh Vs. Jagdish Singh and ors. Semantic Analysis'
$shops = array(
	'LAW' => array(
		(int) 0 => 'Section 100 of the Code of Civil Procedure 1908',
		(int) 1 => 'Section 17',
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		(int) 4 => 'the Registration Act',
		(int) 5 => 'the Will Shiv Kumar',
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		(int) 10 => 'the Indian Succession Act',
		(int) 11 => 'Section 68 of the Evidence Act and Section 63(c',
		(int) 12 => 'the Succession Act',
		(int) 13 => 'Section 68 of the Evidence Act and Section 63(c',
		(int) 14 => 'the Succession Act',
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		(int) 19 => 'the Succession Act',
		(int) 20 => 'Section 68 of the Evidence Act',
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		(int) 23 => 'the Succession Act',
		(int) 24 => 'Section 68 of the Evidence Act',
		(int) 25 => 'Section 68',
		(int) 26 => 'Section 63',
		(int) 27 => 'the Succession Act',
		(int) 28 => 'Section 63',
		(int) 29 => 'Section 63',
		(int) 30 => 'the Succession Act....Similar',
		(int) 31 => 'Section 17',
		(int) 32 => 'the Registration Act'
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	'PERSON' => array(
		(int) 0 => 'M.M. Kumar',
		(int) 1 => 'J.1',
		(int) 2 => 'Harbhajari Singh',
		(int) 3 => 'Ex-D1',
		(int) 4 => 'Kharak Singh',
		(int) 5 => 'Hari Singh',
		(int) 6 => 'Gurcharan Singh',
		(int) 7 => 'Harbhajan Singh',
		(int) 8 => 'Hari Singh',
		(int) 9 => 'Gurcharan Singh',
		(int) 10 => 'Harbhajan Singh',
		(int) 11 => 'Hari Singh',
		(int) 12 => 'Gurcharan Singh',
		(int) 13 => 'Harbhajan Singh',
		(int) 14 => 'Gurmeet Singh',
		(int) 15 => 'Gurcharan Singh',
		(int) 16 => 'Harbhajan Singh',
		(int) 17 => 'Puran Singh',
		(int) 18 => 'Harbhajan Singh',
		(int) 19 => 'Gurmeet Singh',
		(int) 20 => 'Harbhajan Singh',
		(int) 21 => 'Gurmeet Singh',
		(int) 22 => 'Ex',
		(int) 23 => '= Ex',
		(int) 24 => 'Puran Singh',
		(int) 25 => 'Harbhajan Singh',
		(int) 26 => 'Harbhajan Singh',
		(int) 27 => 'Hari Singh',
		(int) 28 => 'Gurcharan Singh',
		(int) 29 => 'Gurcharan Singh',
		(int) 30 => 'Will',
		(int) 31 => 'Harbhajan Singh Ex',
		(int) 32 => 'Harbhajan Singh',
		(int) 33 => 'Gurmeet Singh',
		(int) 34 => 'Nihal Chand',
		(int) 35 => 'Will',
		(int) 36 => 'Rakesh Gupta',
		(int) 37 => 'Counsel',
		(int) 38 => 'the Will Ex',
		(int) 39 => 'Will',
		(int) 40 => '20.10.1993 Ex',
		(int) 41 => 'Will',
		(int) 42 => 'Pala Singh',
		(int) 43 => 'Harbhajan Singh',
		(int) 44 => 'Pala Singh',
		(int) 45 => 'Will',
		(int) 46 => 'Rukminibai Vishnu Vekhande',
		(int) 47 => 'Padmakar Patil's',
		(int) 48 => 'Narayan Bhoir',
		(int) 49 => 'Narayan Namdeo Kadam',
		(int) 50 => 'Anr',
		(int) 51 => 'Anr',
		(int) 52 => 'Rao Pissey',
		(int) 53 => 'Jayaraja Shelly',
		(int) 54 => 'Ex',
		(int) 55 => '20.10.1993 Ex',
		(int) 56 => 'Bhoop Singh v. Ram Singh Major',
		(int) 57 => 'Harbhajan Singh',
		(int) 58 => 'Anr',
		(int) 59 => 'Maturi Narasimham',
		(int) 60 => 'Debt Singh Bhujil'
	),
	'ORG' => array(
		(int) 0 => 'the Will Ex-D-5',
		(int) 1 => 'Ex-P6',
		(int) 2 => 'S/Sh',
		(int) 3 => 'Court',
		(int) 4 => 'Appellate Court',
		(int) 5 => 'Counsel',
		(int) 6 => 'Court',
		(int) 7 => 'Nihal Chand',
		(int) 8 => 'DW-7',
		(int) 9 => 'the Supreme Court',
		(int) 10 => 'Ors',
		(int) 11 => 'the Supreme Court',
		(int) 12 => 'the Supreme Court',
		(int) 13 => 'the Supreme Court',
		(int) 14 => 'the Supreme Court',
		(int) 15 => 'Bhagat Ram',
		(int) 16 => 'the Supreme Court',
		(int) 17 => 'P.S. Sairam',
		(int) 18 => 'the Supreme Court',
		(int) 19 => 'Sridevi and Ors',
		(int) 20 => 'the Supreme Court',
		(int) 21 => 'the Supreme Court',
		(int) 22 => 'Ors',
		(int) 23 => 'R.M.S. Appeal'
	),
	'DATE' => array(
		(int) 0 => '12.6.1982',
		(int) 1 => '1908',
		(int) 2 => '1386',
		(int) 3 => '1386',
		(int) 4 => '12.6.1982',
		(int) 5 => 'his early 50s',
		(int) 6 => '12.6.1982 (1983',
		(int) 7 => '1872',
		(int) 8 => '1925',
		(int) 9 => '1996-1)112'
	),
	'CARDINAL' => array(
		(int) 0 => 'one',
		(int) 1 => 'three',
		(int) 2 => 'two',
		(int) 3 => '20.11.1993',
		(int) 4 => 'one',
		(int) 5 => 'two',
		(int) 6 => '1',
		(int) 7 => '5.21',
		(int) 8 => '20.11.1993',
		(int) 9 => 'one',
		(int) 10 => 'one',
		(int) 11 => 'two',
		(int) 12 => '10',
		(int) 13 => 'at least one',
		(int) 14 => 'two',
		(int) 15 => 'one',
		(int) 16 => 'at least one',
		(int) 17 => 'two',
		(int) 18 => 'two',
		(int) 19 => 'one',
		(int) 20 => 'two',
		(int) 21 => '17',
		(int) 22 => '19,20',
		(int) 23 => '21',
		(int) 24 => '13',
		(int) 25 => '18',
		(int) 26 => '20.11.1993',
		(int) 27 => '559',
		(int) 28 => 'two'
	),
	'ORDINAL' => array(
		(int) 0 => 'third',
		(int) 1 => 'second',
		(int) 2 => 'second'
	),
	'PRODUCT' => array(
		(int) 0 => 'Shiv Kumar',
		(int) 1 => 'Shiv Kumar'
	),
	'GPE' => array(
		(int) 0 => 'Singh',
		(int) 1 => 'L.Rs',
		(int) 2 => 'Ramabai',
		(int) 3 => 'Janki',
		(int) 4 => 'P.S.',
		(int) 5 => 'S.C.',
		(int) 6 => 'A.I.R.'
	),
	'FAC' => array(
		(int) 0 => 'Ramabai Padmakar Patil',
		(int) 1 => 'Maturi Pullaiah'
	),
	'WORK_OF_ART' => array(
		(int) 0 => 'Suresh and Ors'
	),
	'EVENT' => array(
		(int) 0 => 'S.C. 1836'
	)
)
$desc = array(
	'Judgement' => array(
		'id' => '630275',
		'acts' => '<a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> - Sections 17 and 60; <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> - Sections 68; <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> - Sections 63; <a href="/act/51117/code-of-civil-procedure-1908-complete-act">Code of Civil Procedure (CPC) , 1908</a> - Sections 100',
		'appealno' => 'Regular Second Appeal No. 2839 of 2004',
		'appellant' => 'Harpal Singh',
		'authreffered' => '',
		'casename' => 'Harpal Singh Vs. Jagdish Singh and ors.',
		'casenote' => ' - HINDU LAW -- Custom: [Vijender Jain, C.J., M.M. Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ] Alienation of ancestral property - Punjab and Haryana -  Held, In respect of State of Punjab by virtue of Punjab Amendment Act, 1973 there is a complete bar to contest any alienation of ancestral or non-ancestral immovable property or appointment of an heir to such property on ground that such alienation or appointment was contrary to custom. In Punjab the property in hands of a successor has to be treated as coparcenary property and its alienation has to be governed by Hindu Law except to the extent it is regulated by Sections 6 and 30 of the Hindu Succession Act. In Haryana, property  in hands of successor has to be treated as coparcenary property as well as ancestral property. Parties can fall back upon Hindu Law in case they fail to establish that rule of decision is custom. Therefore, in Haryana both under Hindu law and the Customary Law, the alienation would be open to challenge. Custom was given precedent over uncodified Hindu Law presumably for reason that custom has been consistently replacing the Hindu Law. However, it was soon realized that ancestral immovable property, which ordinarily held to be inalienable amongst Jats of Punjab by virtue of custom except for necessity, no limitation was placed on degrees of collateral, eligible to contest such alienation. It was, therefore, felt necessary to engraft certain restriction on degrees of collateral, eligible to contest an alienation, which under the custom itself was not limited. Accordingly, the Punjab Custom (Power to Contest) Act, 1920 (Act No.2 of 1920) was enacted. The Hindu Succession Act was extended to the State of Punjab.  Act 2 of Punjab Act defined expression alienation to include any testamentary disposition of property and appointment of an heir was to include any adoption made or purporting to be made according to custom. A further provision was made by Section 3 that Hindu Succession Act was to apply only in respect of alienation of immovable property or appointment of heirs made by persons who in regard to such alienation or appointment were governed by custom. Whereas  Section 4 declared that Hindu Succession Act was not to affect any right to contest any alienation or appointment of an heir made before the date on which the Succession Act was to come into force. In other words, Act, No.2 of 1920 was not to affect alienation or appointments of heir made before date on which it came into force. It also preserved the rights of any alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of 1973 right of contest being contrary to custom had been totally effaced and taken away. Therefore, no person has any right to contest any alienation of immovable property whether ancestral or non-ancestral on ground of being contrary to custom after January 23, 1973. In Haryana, the situation as enunciated by Act No.2 of 1920 continued to prevail in respect of alienation because no reforms parallel to Punjab as brought by Amendment Act of 1973, had been enacted although right to pre-emption has been substantially abolished in Haryana also. No steps even have been taken in that regard. Therefore, situation in Haryana have to be regarded as it existed under Act No. 2 of 1920.
HINDU SUCCESSION ACT,1956[C.A.No.30/1956] --  Sections 6 & 30: [Vijender Jain, C.J., M.M.Kumar, Jasbir Singh, Rajive Bhalla & Rajesh Bindal, JJ]  Alienation of coparcenary property - Law laid down by Full Bench in Joginder Singh Kundha Singh v Kehar Singh Dasaundha Singh [AIR 1965 Punjab 407] and Pritam Singh v Assistant Controller of Estate Duty, Patiala [1976 Punj LR 342] -Whether there is any conflict? - Held, The basic controversy in the Full Bench decision of Joginder Singhs case was regarding constitutional validity of Section 14 of Hindu Succession Act and as to whether it infringes Article 14 of Constitution. It was held that the estate held by male and limitation on his power of alienation were in no way removed and the reversioners were not debarred from challenging such alienations. The Full Bench held that Section 14 of Hindu Succession Act postulates that estate held by a Hindu female before enforcement of Succession Act either by inheritance or otherwise, was enlarged and on date of enforcement of Succession Act, she became a full owner. Likewise, if she has inherited any estate after the commencement of the Act,  she was to be regarded as absolute owner rather than a limited owner. Consequently, the limitations on power of alienation automatically vanished. This was the necessary result of the provisions made in Section 14 of the Act. The Full Bench further held that in respect of male proprietors, no corresponding provision was made either enlarging their estate in ancestral property or enlarging their power of alienation over property inherited by them. However, it noticed Section 30 and observed that it only deals with power of his share in coparcenary property by Will, which prior to enforcement of the Act, he had no right to do. The only provision made in respect of male proprietor regarding alienation of property was his power of alienation by Will. In so far as persons governed by custom are concerned, they continued to be governed by the restriction on the power of alienation of a male holder as existed before enforcement of the Act. Likewise, other restriction on alienation other than disposal by Will also continued. The Full Bench, thus, recognized the superior right of Hindu females by virtue of Section 14 and upheld the provision as intra vires. The argument that reversioners have ceased to exist after enactment of provisions of Section 14 of Succession Act, was rejected as there was no provision pointed out to that effect. The proposition laid down by the full Bench in Pritam Singhs case was that the Hindu Succession Act has not abolished joint Hindu family with respect to rights of those who were members of Mitakshara coparcenary, except in the manner and to the extent mentioned in Sections 6 and 30 of the Act, This Statement should also imply, though it does not say so expressly, the Succession Act to this extent does not affect the rights of the members governed by Dayabhaga coparcenary. The Full Bench in Pritam Singh;s case expressly noticed the judgment of earlier Full Bench in Joginder Singhs case but construed the same as irrelevant by observing that it dealt with the power of alienation of a person governed by Customary law and constitutional validity of Section 14 of Hindu Succession Act. Thus there is no real conflict between the two Full Bench judgments. Both the Full Bench judgments have been delivered on the assumption that Joginder Singhs case dealt with question of alienation whereas Pritam Singhs case had decided the question concerning succession. Even on fact in Joginder Singhs case the issue was validity of alienation by consent decree by a father to his two sons, which was challenged by third son, whereas in Pritam Singhs case the question of nature of property in hands of sons on death of their father had arisen  for purposes of assessment of estate duty. In Pritam  Singhs case the property in the hands of the sons was held to be coparcenary property and only 1/3rd of  property belonging to deceased father was considered eligible for estate duty. Therefore, there was no question of alienation in Pritam Singhs case. -  1 to 5. 21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. AIR2003SC3109 .It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act.',
		'caseanalysis' => null,
		'casesref' => 'Tek Bahadur Bhujil v. Debt Singh Bhujil;',
		'citingcases' => '',
		'counselplain' => ' Rakesh Gupta and; Dharam Kamboj, Advs.',
		'counseldef' => '',
		'court' => 'Punjab and Haryana',
		'court_type' => 'HC',
		'decidedon' => '2005-08-29',
		'deposition' => 'Appeal dismissed',
		'favorof' => null,
		'findings' => null,
		'judge' => ' M.M. Kumar, J.',
		'judgement' => '<p style="text-align: justify;">M.M. Kumar, J.</p><p style="text-align: justify;">1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure 1908 (for brevity, 'the Code') challenging concurrent findings of fact recorded by both the courts below holding that the Will Ex-D-5 dated 12.6.1982 executed by Harbhajari Singh in favour of the defendant-respondents which is registered document, does not suffer from any legal infirmity and has been duly proved by the defendant-respondents. The findings of the trial court on the question of validity of general power of attorney (Ex-P6=Ex-D1) dated 8.10.1993 holding that it was validly executed has been upheld by the learned lower appellate court. However, the judgment and decree Ex.P3 and P4 suffered by the Power of Attorney in favour of other defendant-respondents have been declared illegal for want of registration under Section 17 of the <a href="/act/50764/registration-act-1908-complete-act">Registration Act, 1908</a> (for brevity, 'the Registration Act').</p><p style="text-align: justify;">2. There was one Kharak Singh who had three sons S/Sh. Hari Singh, Gurcharan Singh and Harbhajan Singh. The plaintiff-appellants are successor in interest of Hari Singh whereas the defendant-respondents are successor-in-interest of Gurcharan Singh. Harbhajan Singh the third brother died unmarried and issueless. Whereas the other two brothers Hari Singh and Gurcharan Singh had children who are litigating to claim the property of Harbhajan Singh. It is admitted position that the possession of the suit land is with the defendant-respondents. The basis of their possession is Mutation No. 1386 dated 20.11.1993 which in turn has been entered on account of a judgment and decree dated 20.10.1993 (Ex.P3 and P4) in favour of defendant-respondents. The decree was suffered by Gurmeet Singh defendant-respondent, one of the sons of Gurcharan Singh (who was constituted as a general power of attorney by Harbhajan Singh) in favour of other defendant-respondents. The trial Court however did not accept the judgment and decree because the decree was not registered under Section 17 of the Registration Act. The learned lower Appellate Court, however, did not feel the necessity of any registration of such a decree as it was concluded that the same was based on pre-existing rights of the panics. The view of the lower appellate court on the aforementioned issue reads as under:</p><p style="text-align: justify;">16. It is manifestly clear from the very statement of plaintiff Puran Singh that late Harbhajan Singh had actually executed the impugned general power of attorney in favour of Gurmeet Singh and that the factum of execution of the document was very much within the knowledge of the plaintiff/appellants. Neither of the two witnesses has deposed about the alleged fraud played upon late Harbhajan Singh by Gurmeet Singh while obtaining the general power of attorney Ex.P6 = Ex.D1. The execution of the document stands proved from the very statement of plaintiff Puran Singh. It cannot be said that the plaintiffs have been able to prove, on the strength of their evidence, that since late Harbhajan Singh was in illiterate ruralite, he never intended to authorize his attorney to transfer the land in favour of defendants No. 1 to 5.</p><p style="text-align: justify;">21. In the instant case, the predecessor-in-interest of the plaintiffs as well as the defendants were equi-related to late Harbhajan Singh. The latter was a bachelor, who did not ever desire a child meaning thereby that the property was to devolve upon the heirs of his pre-deceased brothers namely late Hari Singh and late Gurcharan Singh. Since the defendants are the grand sons of late Gurcharan Singh, they definitely had a pre-existing right in the property and the decree was definitely not registrable. The impugned judgment and decree are valid documents which were rightly acted upon by the revenue authorities while sanctioning mutation No. 1386 on 20.11.1993, The plaintiffs have no case at all on that count.</p><p style="text-align: justify;">3. Both the courts below have also found that the Will dated 12.6.1982 executed by late Harbhajan Singh Ex. D5 has been duly proved by the defendant-respondents. The testator Harbhajan Singh has been proved to be living with the family of defendant-respondent namely Gurmeet Singh. The aforementioned fact has been proved by producing the ration card and voter list. The testator in fact died at his house. The scribe of the Will Shiv Kumar has died and his son Nihal Chand DW-3 had testified that the Will Ex. D5 was scribed by his father Shiv Kumar. He identified his signatures. Even the names of the witnesses had been recorded by the scribe in his own hand. DW-7 Pala Singh who is attesting witness of the document also testified that the contents of the documents were read over and explained to the testator who executed the document in his presence. He further stated that he attested the document as a witness in the presence of the testator. The Will was executed when the testator was in his early 50s and having sound disposing mind. Furthermore, the Will is a registered document and the fact of registration deserved to be given due weight on account of Section 60 of the Registration Act. The courts below have rejected the argument that participation of beneficiary in the execution of the will has vitiated the same and that the second attesting witness should have been examined. Similarly, deprivation of the other heir, namely, plaintiff-appellants from the will Ex.D-5 has also not been accepted to be suspicious circumstance because the plaintiff-appellants as well as the defendant-respondents are equally related to the testator being his nephews.</p><p style="text-align: justify;">4. Mr. Rakesh Gupta, learned Counsel for the plaintiff-appellant made an attempt to pursuade me to accept his argument that the Will suffered from various suspicious circumstances. He also made an effort to argue that the absence of the second attesting witness would render the Will Ex. D5 as invalid. It cannot be presumed that the Will has been executed in accordance with law. Another argument was also raised that the judgment and decree dated 20.10.1993 Ex.P3 and P4 also suffered from legal infirmity of lack of registration.</p><p style="text-align: justify;">5. Having heard the learned Counsel at some length, I am of the considered opinion that no interference of this Court in the concurrent findings of fact would be warranted. The Will Ex.D5 dated 12.6.1982 (1983 ?) is a registered document which has been duly proved by the statement made by the son of scribe. He has proved in unequivocal terms that the Will was scribed by his father and the names of the attesting witnesses have also been written in the hand writing of his father. The statement of Nihal Chand DW-3 son of scribe Shiv Kumar has been accepted because he had been seeing his father signing and scribing the documents. The Will has further been proved by the statement made by one of the attesting witness Pala Singh who has appeared as DW-7. He has testified that the contents of the Will were read over and explained to late Harbhajan Singh and thereafter he signed and accepted the document in his presence. He further stated that he also attested the document as a witness in the presence of the testator. It has further been proved by Pala Singh that the other attesting witnesses has also signed in his presence. The Will has been proved in accordance with requirement of Section 68 of <a href="/act/51405/indian-evidence-act-1872-complete-act">Evidence Act, 1872</a> (for brevity, 'Evidence Act') read with Section 63(c) of the <a href="/act/52003/indian-succession-act-1925-complete-act">Indian Succession Act, 1925</a> (for brevity, 'Succession Act')</p><p style="text-align: justify;">6. Once a will has been proved in accordance with the aforementioned provisions, furnishing of proof of any suspicious circumstances is on the shoulder of the plaintiff-appellant who has challenged the validity and genuineness of the will. It is now well settled that mere exclusion of a close relation like son or daughter from the benefits of testamentary presents cannot be regarded as a suspicious circumstance in the face of the finding that the testator has bequeathed his estate to the beneficiary out of services rendered by them. In the present case, it is proved on record that the testator was living with the defendant-respondents at the time of his death. In this regard reliance may be placed on the observes made by the Supreme Court in the case of Ramabai Padmakar Patil (Dead) through L.Rs. and Ors. v. Rukminibai Vishnu Vekhande and Ors. : AIR2003SC3109 . It is equally well settled that there is no need to examine both the attesting witnesses as long as the examination of one of the two attesting witnesses has proved the will according to the requirements of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The judgment of the Supreme Court in Ramabai Padmakar Patil's case (supra) has also dealt with the aforementioned legal position The same view has been taken by the Supreme Court in the case of Janki Narayan Bhoir v. Narayan Namdeo Kadam : [2002]SUPP5SCR175 . In paragraph 10 of the aforementioned judgment, the law has been discussed after making reference to the provisions of Section 68 of the Evidence Act and Section 63(c) of the Succession Act. The aforementioned observations of the Supreme Court read as under:-.On a combined reading of Section 63 of the Succession Act with Section 68 of the Evidence Act, it appears that a person propounding the will has got to prove that the will was duly and validly executed. That cannot be done by simply proving that the signature on the will was that of the testator but must also prove that attestations were also made properly as required by Clause (c) of Section 63 of the Succession Act. It is true that Section 68 of the Evidence Act does not say that both or all the attesting witnesses must be examined. But at least one attesting witness has to be called for proving due execution of the will as envisaged in Section 63. Although Section 63 of the Succession Act requires that a will has to be attested at least by two witnesses, Section 68 of the Evidence Act provides that a document, which is required by law to be attested, shall not be used as evidence until one attesting witness at least has been examined for the purpose of proving its due execution if such witness is alive and capable of giving evidence and subject to the process of the court. In a way, Section 68 gives a concession to those who want to prove and establish a will in a court of law by examining at least one attesting witness even though the will has to be attested at least by two witnesses mandatorily under Section 63 of the Succession Act. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words if one attesting witness can prove execution of the will in terms of Clause (c) of Section 63 viz. Attestation by two attesting witnesses in the manner contemplated therein, the examination of the other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attestation of the will by the other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act....</p><p style="text-align: justify;">Similar is the view expressed by the Supreme Court in paras 17, 19,20 arid 21 of the judgment in the case of Bhagat Ram and Anr. v. Suresh and Ors. : AIR2004SC436 ; in para 13 of the judgment of the Supreme Court in the case of P.S. Sairam and Anr. v. P.S. Rama Rao Pissey and Ors. 0085/2004 : AIR2004SC1619 and in para 18 of the judgment of the Supreme Court in the case of Sridevi and Ors. v. Jayaraja Shelly and Ors. 0065/2005 : AIR2005SC780 .</p><p style="text-align: justify;">7. Thus, there is no ground to interfere with the findings recorded by both the courts below on the aforementioned issue. The general power of attorney Ex.P6 dated 8.10.1993 has also been proved on record by cogent evidence adduced by the defendant-respondents. Therefore, I do not find any substance in the arguments raised by the learned Counsel for the plaintiff-appellant.</p><p style="text-align: justify;">8. The position is the same with regard to the judgment and decree dated 20.10.1993 Ex.P3 and P4 respectively. It has also been disputed that the defendant-respondents are in possession of the suit land on the basis of mutation dated 20.11.1993. The judgment of the Supreme Court Bhoop Singh v. Ram Singh Major and Ors. (1996-1)112 P.L.R. 559 (S.C.) would not be applicable to the facts of the present case because the defendant-respondents have pre-existing rights in the property left by Harbhajan Singh, their uncle. In the case of absence of any pre-existing right registration of any document worth more than Rs. 100/- would become necessary. Therefore, the decree would not require registration under Section 17 of the Registration Act. The aforementioned observation has been made after close analysis of the earlier two judgments of the Supreme Court passed in Maturi Pullaiah and Anr. v. Maturi Narasimham and Ors. A.I.R. 1966 S.C. 1836 and in Tek Bahadur Bhujil v. Debt Singh Bhujil : AIR1966SC292 .</p><p style="text-align: justify;">9. For the reasons aforementioned, this appeal fails and the same is dismissed. R.M.S. Appeal dismissed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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LAW: Section 100 of the Code of Civil Procedure 1908, Section 17, the Registration Act, Section 17, the Registration Act, the Will Shiv Kumar, Section 60, the Registration Act, Section 68 of Evidence Act, Section 63(c, the Indian Succession Act, Section 68 of the Evidence Act and Section 63(c, the Succession Act, Section 68 of the Evidence Act and Section 63(c, the Succession Act, Section 63, the Succession Act, Section 68 of the Evidence Act, Section 63, the Succession Act, Section 68 of the Evidence Act, Section 63, Section 63, the Succession Act, Section 68 of the Evidence Act, Section 68, Section 63, the Succession Act, Section 63, Section 63, the Succession Act....Similar, Section 17, the Registration Act

PERSON: M.M. Kumar, J.1, Harbhajari Singh, Ex-D1, Kharak Singh, Hari Singh, Gurcharan Singh, Harbhajan Singh, Hari Singh, Gurcharan Singh, Harbhajan Singh, Hari Singh, Gurcharan Singh, Harbhajan Singh, Gurmeet Singh, Gurcharan Singh, Harbhajan Singh, Puran Singh, Harbhajan Singh, Gurmeet Singh, Harbhajan Singh, Gurmeet Singh, Ex, = Ex, Puran Singh, Harbhajan Singh, Harbhajan Singh, Hari Singh, Gurcharan Singh, Gurcharan Singh, Will, Harbhajan Singh Ex, Harbhajan Singh, Gurmeet Singh, Nihal Chand, Will, Rakesh Gupta, Counsel, the Will Ex, Will, 20.10.1993 Ex, Will, Pala Singh, Harbhajan Singh, Pala Singh, Will, Rukminibai Vishnu Vekhande, Padmakar Patil's, Narayan Bhoir, Narayan Namdeo Kadam, Anr, Anr, Rao Pissey, Jayaraja Shelly, Ex, 20.10.1993 Ex, Bhoop Singh v. Ram Singh Major, Harbhajan Singh, Anr, Maturi Narasimham, Debt Singh Bhujil

ORG: the Will Ex-D-5, Ex-P6, S/Sh, Court, Appellate Court, Counsel, Court, Nihal Chand, DW-7, the Supreme Court, Ors, the Supreme Court, the Supreme Court, the Supreme Court, the Supreme Court, Bhagat Ram, the Supreme Court, P.S. Sairam, the Supreme Court, Sridevi and Ors, the Supreme Court, the Supreme Court, Ors, R.M.S. Appeal

DATE: 12.6.1982, 1908, 1386, 1386, 12.6.1982, his early 50s, 12.6.1982 (1983, 1872, 1925, 1996-1)112

CARDINAL: one, three, two, 20.11.1993, one, two, 1, 5.21, 20.11.1993, one, one, two, 10, at least one, two, one, at least one, two, two, one, two, 17, 19,20, 21, 13, 18, 20.11.1993, 559, two

ORDINAL: third, second, second

PRODUCT: Shiv Kumar, Shiv Kumar

GPE: Singh, L.Rs, Ramabai, Janki, P.S., S.C., A.I.R.

FAC: Ramabai Padmakar Patil, Maturi Pullaiah

WORK_OF_ART: Suresh and Ors

EVENT: S.C. 1836