Court doubts will, orders relief for NRI woman

Chandigarh, January 20

While an 80-year-old woman was on the deathbed and not in a fit mental and physical state of mind, her grandsons and residents of Sector 15 allegedly set up a will disclaiming the NRI daughter of the woman (their aunt) of any share in the possession of the house in 2008. In a scathing order pronouncing the "genuineness of the will as doubtful," the court of Civil Judge (Junior Division) Pamelpreet Grewal raised a serious doubt that the 80-year-old woman, Joginder Kaur, who was suffering from mental disorder and acute psychosis and was not in a fit state of mind, could have ‘executed’ a will a day prior to her death. While providing relief to the NRI woman, who moved the court alleging that her share in a Sector 15-based house was forcibly taken by her brother in favour of his sons, the court today stated that there was a serious and genuine doubt regarding the mental condition of the testator to execute the will, particularly in view of the fact that she was suffering from a mental disorder as serious as dementia and psychosis.

A USA-based NRI woman, Tejinder Kaur Chadha, who is the wife of a retired Colonel and cancer patient, got a major relief from the court today with the court declaring a will put up by the woman's brother claiming that his sister had no share in the house owned by their mother, as not believable.

The petitioner’s brother, Harpal Singh's two sons -- Rupinder Singh and Manvinder Singh -- produced a will in 2008 and had claimed that their father's NRI sister Tejinder Kaur Chadha had no share in respect of the property left by their grandmother.

The court today entitled Chadha her share of one-fourth of the 20 per cent share of the house as inherited equally by Joginder Kaur's naturally legal heirs. The suit was filed by Tejinder Kaur through advocate Thakur Kartar Singh.

Tejinder Kaur alleged that her share in the house was wrongfully taken by her brother Harpal Singh in favour of his two sons who had forged a will January 11, 2008, by their mother Joginder Kaur, who passed away on January 12, 2008.

While the brothers showed the will to be executed by their grandmother a day prior to her death, the will also had a thumb expression instead of a signature. “No other document has been placed on record to prove this and thus this version of putting a thumb expression instead of the signatures on the will does not inspire the confidence of the court,” stated the judgment. The original of the will was also not produced on record.

Multiple organ disease

A defence witness has admitted that Joginder Kaur was suffering from multiple organ disease, which included kidney, liver, bones, electrolyte imbalance and psychotic disorder and dementia. At the time she was admitted to the hospital on January 11, she was diagnosed with anaemia, hyponatremia, septicemia and septic shock. "Suspicious circumstances regarding the thumb impressions, mental and physical state of the testator, the will being executed one day prior to her death from prolonged illness and non- production of the original will have crated a doubt regarding the genuineness of the will," said the court, entitling Chadha to get her one-fourth share of the 20 per cent share of Joginder Kaur in the house in Sector 15-A