Agreement to sell -- Suspicious circumstance - An agreement to sell cannot be discarded if it is surrounded by suspicious circumstance - It is only the Will which may be discarded if surrounded by suspicious circumstances...........
Will -- Suspicious circumstance - Merely because testator was a practicing Advocate at Gohana but got Will registered at Ballabhgarh does not make it suspicious...........
Will -- Suspicious circumstance - Factum of inclusion of properties in Will which were transferred earlier through consent decrees does not raise any suspicion - Moreover, said consent decrees were not registered and thus, being a lawyer, testator realized that he was still the owner thereof - Will not surrounded by suspicious circumstance...........
Will -- Suspicious circumstance - Registered Will - By itself not sufficient to dispel all suspicion regarding it...........
Will -- Suspicious circumstance - Testator died within 15 days of execution of Will - He was bed ridden for a period of 10 months prior to his death - Testator himself stated in the Will that he was sick and getting weak even then he is stated to have written the Will himself which is not believable - No medical evidence on record to prove that testator was in a sound and..........
Will -- Suspicious circumstance - No evidence on record as to whom testator gave instructions to, to write Will - Scribe has also not been examined - It is also not known as to whether assistance of an advocate or any other trustworthy person was taken by testator in order to make testament and bequeath the property to only son of testator - Will held, not reliable...........
Will -- Attestation - Will executed in favour of son which was attested by two witnesses and one of them had died - Evidence of other attesting witness PW2 was disbelieved by trial Court - PW2 stated that beneficiary of testator being only son of testator was unaware of Will during lifetime of testator - However, it is improbable that only son of testator who is..........
Will -- Suspicious circumstance - Signatures of testator on documents on record totally dissimilar to signatures on Will - This fact raises a suspicion in the mind of Court as to whether signature on Will was really that of testator - Will held, surrounded by suspicious circumstance...........
Will -- Suspicious circumstance - Beneficiary of Will present at the time of execution and registration of Will - It is inappropriate to doubt correctness of registered Will, particularly when there is no evidence that beneficiary was in a position to influence the wish of testator...........
Will -- Suspicious circumstance - Both the attesting witnesses are the same witnesses as in previous Will - Does not make the Will doubtful, as both the Courts below found that in any village only a few persons are trustworthy confidants for role of testator to be attesting witnesses especially when document like Will is to be executed - No interference warranted in..........
