Will -- Suspicious circumstance - Testatrix stated in Will that adopted child would perform her funeral rites, panda pradaan and other annual shastric ceremonies - However, adopted son was less than one year of age at that time and testatrix was in her 70s - This expectation on her part if at all believable was wholly unrealistic - However, grandson performed obsequies of..........
Will -- Suspicious circumstance - Execution of Will in favour of adopted son to the exclusion of grandson (son of deceased daughter of testatrix) - Grandson was residing with testatrix at the time of adoption and testatrix performed his marriage - Disowning of her grandson by testatrix is thus, a suspicious circumstance which remained unexplained, particularly when he was..........
Will -- Suspicious circumstance - Scribe of Will categorically stated that instructions for scribing it were given by some other woman and not testatrix - Whereas, PW1 stated that it was testatrix herself who had given such instructions - Neither of attesting witness of Will examined before trial Court in compliance of S.68 of Evidence Act - Will held, not proved...........
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 -- Suspicious circumstance - Testator was literate and could write and sign documents - However, Will was executed obtaining his LTI - No plausible explanation is forthcoming as to why LTI was taken in document when testator was literate - Such act does not appear to be normal and gives rise to suspicion...........
Will -- Suspicious circumstance - Overlapping and extension of Thumb impressions of testator in Will are visible to naked eyes and Will does not inspire confidence that same is genuine - Will is surrounded by suspicious circumstance...........
Will -- Suspicious circumstance - Mere exclusion of legal heir per se shall not be treated as suspicious circumstance unless Will is surrounded by other suspicious circumstances...........
Will -- Suspicious circumstance - Exclusion of natural heirs - Mere deprivation of some of natural heirs by itself is not a suspicious circumstance to discard a Will, as divesting of close relations being purpose of execution of a Will and is normally not a suspicious circumstance...........
Will -- Suspicious circumstance - Merely because wife of attesting witness was purportedly living with one of plaintiff/beneficiary is not a sufficient reason to disbelieve his testimony regarding execution of Will...........
Will -- Suspicious circumstance - Mere exclusion or disheritance of a natural heir, not a suspicious circumstance, as very purpose of execution of a Will is to divert from line of natural succession...........
