Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Will - Earlier Registered Will and latest Un - registered Will - Suspicious circumstances surrounding Un - registered Will: (1) no explanation why Un - registered Will not produced earlier before Revenue functionaries for getting mutation sanctioned whereas mutation entered by Patwari..........
Will -- Truth has mysterious ways to come to the surface - Will not scribed by a regular deed writer - Will not registered - Not attested by witnesses where testator used to live and attested by witness who is admittedly relation of plaintiff and resides at a distance of 200/250 kilometers - Testator of the Will had no property where property alleged in the Will as owned..........
Will -- Neither registered nor scribed by a regular deed writer- Scribe of Will and attesting witnesses put to lengthy cross- examination by plaintiff put no dent found to have been created in their testimony, to hold that they are not truthful witnesses or had any motive to depose in favour of beneficiary of Will or against plaintiff-held, Will is a genuine document...........
Agreement to sell -- Entry into register of scribe - Simply because the relevant entries in the register of the stamp vendor and the deed-writer were the last one on their respective pages does not make them suspicious and the relevant document forged - Non mention of the details in these entries with regard to the document intended to be scribed, would not render the..........
Will -- Suspicious circumstances - Scribed by a person not knowing English or Punjabi and had studied only upto, Vth Class - not a qualified deed writer - Language and style of the Will not such which would have been scribed by a person who had studied only upto the 5th Class and was one who had no prior experience or knowledge of drafting the Wills - Held, this aspect..........
Will -- Suspicious circumstances - (1) Neither original Will produced nor the loss thereof proved (2) Will registered after three years of its execution (3) Thumb impressions of testator on the Will not got compared with the admitted or his standard thumb impression (4) Original Will not even produced before Revenue authorities who sanctioned mutation on the basis of Will..........
Will -- First Will registered - Subsequent Will neither registered nor scribed by deed writer - Subsequent Will surrounded by suspicious circumstances and the execution of the same cannot be believed...........
Will -- suspicious circumstances - (1) No reference in the Will as to why the natural heirs excluded from inheritance (2) Parties not raising the plea that testator had inimical relations with the natural heirs or any other special reason for excluding them from inheritance (3) Will executed in the city but not scribed by - a deed writer (4) Name and signature of scribed..........
Will -- Unregistered - Not scribed by regular deed writer - Scribe not produced as a witness - Cuttings in year - Tick mark on signatures - Advanced age of 104 years of testator - Held, Will a suspicious document...........
