P&H High Court Declares Will Forged; Restores Equal Inheritance for All Eight Children

Case Name: Tulsi Dass vs. Kishan Lal and Others
Date of Judgment: 10 November 2025
Citation: RSA-1619-1992
Bench: Hon’ble Mr. Justice Deepak Gupta

Held: The Punjab & Haryana High Court held that the Will dated 08.08.1985 was forged. The Court accepted the handwriting expert’s unrebutted opinion that the thumb impression on the Will did not match the genuine impressions of Smt. Shanti Devi. The Court also found several suspicious circumstances: the Will’s false recital about prior property distribution, the use of a non-regular deed writer, and the absence of registration despite the testatrix living for two more months. These factors destroyed the Will’s credibility. The Court further held that the first appellate court erred in inferring relinquishment by defendants 5 to 7, as relinquishment requires a registered document or a proven family settlement.

Summary: Shanti Devi died in 1985, leaving eight natural heirs. Her son Kishan Lal filed a suit claiming equal inheritance for all siblings and challenged the Will relied upon by three brothers. The trial Court upheld the Will after accepting the testimony of an attesting witness. On appeal, the Court allowed additional evidence. The expert testified that the thumb impression on the Will did not match the verified impressions taken from earlier judicial records involving Shanti Devi. The defendants produced no rebuttal. The appellate Court then held that the Will was forged. It declared the mutation void and distributed shares but wrongly held that some defendants had “deemed” to relinquish their rights. In the present second appeal, the High Court agreed that the Will was fabricated. It held that the expert’s findings were reliable, that false recitals weakened the propounders’ case, and that the suspicious circumstances remained unexplained. It also clarified that relinquishment cannot be inferred from conduct or pleadings; it must be executed through a registered deed or valid family arrangement.

Decision: The Court set aside the finding of deemed relinquishment but upheld the declaration that the Will and mutation were invalid. It held that all eight children of Shanti Devi would inherit the property in equal 1/8th shares. The second appeal was disposed of in these terms, with no order as to costs.