The suit was resisted by the companywidow, Bhagwan Kaur and the legatee by projecting a registered will dated 30 3 1977 pleading that the entire estate of Bachan Singh vested in the legatee Ranjit Singh.
The companytestants are the appellant number dead and represented by legal representatives named Kartar Kaur, the widow of Bachan Singh testator on the one side and on the other Bhagwan Kaur, the second widow of Bachan Singh and Ranjit Singh the legatee of the will who is the brothers son of Bhagwan Kaur.
Decision on due execution of will, strictly speaking, is number primarily arriving at a finding of fact, as it has an admixture of law due to the specific requirements of Section 63 of the Indian Succession Act, 1925 towards due execution.
On the death of Bachan Singh the appellant filed a suit for declaration and in the alternative a suit for joint possession in relation to the suit properties on the plea that she was an heir of Bachan Singh and entitled to succeed to his estate to the extent of one half.
The dispute relates to a registered will dated 30 3 1977.
Declaration was also sought to a smaller extent relating to those properties in which she was joint owner with the company widow.
The trial companyrt went into the matter and decided against the due execution of the will, and gave the declaration to the appellant.
This appeal by special leave is directed against the judgment and decreepassed by the Punjab and Haryana High Court in Regular Second Appeal No.
This part, though has been involved in the suit, is companyceded by learned companynsel for the respondents to be outside the scope of the decree of the High Court.
This is insofar as Bachan Singhs properties were companycerned.
It is against this judgment and decree that the present appeal has been filed.
1956 of 1985.
The companycession is recorded.
