Will -- Proof of - Attesting witness of Will stated that testatrix may have lived for 2-3 years after execution of Will - However, she lived for barely a month and a half after execution of Will - Fact that attesting witness did not recall this crucial detail casts any amount of doubt on his credibility - Evidence of attesting witness does not inspire confidence on the..........
Will -- Proof - Apart from statutory compliance, broadly it has to be proved that (a) testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances...........
Will -- Proof - Where one attesting witness examined to prove Will fails to prove its due execution, then other available attesting witness has to be called to supplement his evidence...........
Will -- Proof - Will was duly executed by testator in the presence of witnesses out of his free will in a sound disposing state of mind and same stands proven through testimonies of one of attesting witnesses - Attesting witness categorically stated that testator executed the Will and both he and testator signed Will in presence of each other - No evidence on record that..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Will -- Proof of - Execution of Will by testator in favour of his grandson/son of plaintiff to the exclusion of sons and daughters - Sons of testator are well placed in life - Nothing is placed on record that testator was under care and custody of plaintiff - Moreover, if Will was executed due to foul play committed by plaintiff, other siblings would not have unanimously..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Will -- Execution - Proof - One attesting witness admitted his signatures on Will but stated that testator had not signed in his presence - Second attesting witness did not come forward for his cross examination and subsequently his son appeared and deposed that his father was bed ridden but no medical record was produced by him - Moreover on the day Will was executed..........
Will -- Proof of - Joint application signed by four sons of testator wherein they stated that testator had not left any Will, is not a ground to discard registered Will of which execution is admitted in plaint and there is no allegation of fraud and misrepresentation having been made by plaintiff - Will is proved...........
