The appellants challenged a first appellate court judgment that had declared the respondent (Rajni Devi) the owner-in-possession of “Summer Cottage,” an estate left behind by the deceased Mohini Devi. The appellants claimed the property through a Will allegedly executed by the deceased in favor of her real brother, Manga Lal (their predecessor-in-interest). The respondent claimed the estate alternately as Mohini Devi’s biological daughter or adopted daughter.
The High Court partly allowed the regular second appeal, modifying the lower decree. The Court invalidated the appellants’ propounded Will due to heavy contradictions and physical distortions, and completely rejected the respondent’s adoption and biological parentage claims. Ultimately, the Court ruled that since the testamentary disposition failed and no Class-I heirs existed, the estate must devolve via intestate succession to Mohini Devi’s real brother (Manga Lal) as a Class-II heir, declaring the appellants (his LRs) as the rightful owners-in-possession.
1. Background and Procedural History
The dispute involves the estate of late Mohini Devi, specifically a property known as “Summer Cottage” in Solan, Himachal Pradesh. Following her death, three separate claims were raised to the exclusion of one another:
- Manga Lal (Predecessor of Appellants): Claimed the entire property as the real brother of the deceased and through an alleged Will executed on July 20, 1988.
- Rajni Devi (Respondent): Claimed ownership by asserting she was Mohini Devi’s daughter.
- Rajinder Lal Malhotra: Claimed as the surviving husband of Mohini Devi.
The trial court concurrently dismissed the claims of Rajni Devi and Rajinder Lal Malhotra, validating the Will in favor of Manga Lal. However, the first appellate court reversed this decision, dismissing the husband’s claim as abated, setting aside the Will as highly suspicious, and declaring Rajni Devi as the natural daughter and sole heir. The appellants subsequently moved the High Court via a regular second appeal.
2. Invalidation of the Claim of Adoption
The respondent fluctuated between claiming she was an “adopted daughter” (via a mutation affidavit submitted to revenue authorities in 1988) and her stance in the written statement that she was the “natural biological daughter” born in 1954.
The High Court dismissed the adoption claim on established legal tenets:
- Historical Bar on Female Adoption: Prior to the codification of the Hindu Adoption and Maintenance Act, 1956, the adoption of a female child was entirely impermissible under general Hindu Law.
- Failure to Prove Custom: An exception could only exist if authorized by a distinct, localized custom. Because the respondent was born in 1954 and failed to plead or lead any clear, cogent evidence proving such a custom within her community, the adoption claim failed completely.
3. Failure to Prove Biological Parentage
To prove her alternate stance as the natural biological daughter, the respondent produced a wedding card (naming Mohini Devi as her mother), a matriculation certificate (naming Rajinder Lal Malhotra as her father), and oral testimonies of neighbors.
The High Court rejected this proof under Sections 50 and 60 of the Indian Evidence Act, 1872:
- Hearsay vs. Direct Knowledge: The witnesses merely assumed parentage because Rajni Devi lived with and was brought up by the deceased. They explicitly admitted in cross-examination that they possessed no direct knowledge of her birth records, did not know her birth year, and could not conclusively state her lineage.
- Legal Distinction: The Court observed that merely residing with an individual or being nurtured by them does not establish a biological parent-child relationship in the eyes of law. Furthermore, Rajinder Lal Malhotra formally entered the witness box and denied any parental connection, asserting she was an orphan taken in to facilitate her marriage.
4. Invalidation of the Will (Ext. PW2/A) due to Suspicious Circumstances
The appellants sought absolute title based on a Will allegedly executed by Mohini Devi while she was admitted to Kamla Nehru Hospital. Relying on the Supreme Court landmark in Gopal Krishan v. Daulat Ram (2025), the High Court affirmed that the propounder faces a heavy onus to completely dispel legitimate doubts surrounding a Will. The Court found the document legally invalid due to several factors:
- Glaring Contradictions: The scribe (PW-2) claimed the Will was executed in the hospital room between 5:00 PM and 6:00 PM. Conversely, the attesting witness (PW-3) testified that he left the hospital room prior to 5:00 PM.
- Falsified Solitary Room Occupancy: Both witnesses insisted that Mohini Devi was the sole patient in the room. However, official hospital records (Ext. D1W5/A) and official testimony conclusively proved that another patient shared that room, completely compromising the integrity of the witnesses.
- Physical Interpolations: Physical examination of the document revealed that the second page was cut diagonally, altered, and taped from the back. Specific words were joined with pieces of paper to unnaturally insert insertions and cuttings near the signature line, pointing heavily toward fabrication.
5. Devolution via Intestate Succession
Following the outright rejection of the Will (Ext. PW2/A) and the total dismissal of Rajni Devi’s status as a Class-I descendant, the High Court had to determine the natural devolution of the estate.
Under Section 8 of the Hindu Succession Act, 1956, when a Hindu female dies intestate without any surviving Class-I heirs (husband or children), the estate reverts to the heirs of the father, where a real brother qualifies as a Class-II heir. Since Manga Lal’s status as the genuine real brother of Mohini Devi was undisputed, the Court ruled that he was legally entitled to succeed to “Summer Cottage” and all associated movable assets by natural inheritance.
The High Court partly quashed and modified the first appellate court’s decree, declaring the appellants (as LRs of Manga Lal) the absolute owners-in-possession solely via intestate succession.
STPL (Web) 2026 HP 259
Deepak Kumar Chopra (Deceased) Through Lrs And Others V. Rajni Devi Sehgal & Others (D.O.J. 20.05.2026)
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