Sat. May 8th, 2021

Pavinder Ahluwalia vs State & Anr. on 19 May, 2017

2 min read

2. In the FIR, the petitioner alleged that property No.D-4, Defence
Colony (in short ‘the property’) was part of HUF property of Brig. Ajit
Singh Ahluwalia as the karta. On 1st January, 1985 the property was
partitioned vide a deed and pursuant thereto the annexe block consisting of
ground floor came to the share of the petitioner and first and second floor of
the main block went to the share of his father. Ground floor of the main
block came to the share of his mother Smt. Charanjeet Ahluwalia. Brig.
Ahluwalia passed away on 25th July, 1987 after being admitted in the Army
Hospital for treatment. It is thus alleged that the Will dated 19th July, 1987
purportedly executed by Brig. Ahluwalia on the basis of which Smt.

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Charanjeet Ahluwalia claimed ownership of the property was a forged
document having been executed, six days prior to the death of the Executor
when he was admitted in ICU. Since Smt. Charanjeet Ahluwalia was
intending to sell the main house, the petitioner and his sister filed a civil suit
for permanent injunction being Suit No.192/1995 in the Court of Civil
Judge, Tis Hazari Courts wherein an exparte injunction was granted on 21st
August, 1995. After coming to know about the said order dated 21 st August,
1995, the respondents purchased stamp papers on 1 st September, 1995 and
executed ante dated agreements to sell dated 14th August, 1995 to avoid the
effect of the said order. Purported to act on the Will dated 19 th July, 1987,
Smt. Charanjeet Ahluwalia executed three Wills in the office of Sub-
Registrar and later on it was revealed that the signatures on the Wills dated
5th October, 1995 did not match with the specimen signatures of Smt.
Charanjeet Ahluwalia as per the FSL report. Thus, Smt. Charanjeet
Ahluwalia passed away without executing any Will and therefore the
respondents committed the offences as alleged above.

Source: Indian Kanoon

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