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 - 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..........
Evidence Act, 1872, Section 24 -- Extra judicial confession - It is a weak piece of evidence - Were an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance - It is a rule of caution where Court would generally look for an independent reliable corroboration before placing any reliance upon such..........
Will -- Suspicious circumstance - Exclusion of one of natural heirs from bequest, cannot be itself be a ground to hold that there are suspicious circumstances...........
Will -- Suspicious circumstance - Exclusion of daughter from bequest - Testatrix executed Will in favour of her two sons to the exclusion of her daughter - Signature of testatrix in Will is not disputed - Husband of testatrix was one of attestors to Will - Even, reading of Will goes to show that daughter was given in marriage to bank employee and she was provided 50..........
Will -- Execution - Suspicious circumstances in relation to the Will not cleared - Therefore, it cannot be said that the testatrix executed and signed the document after having understood the meaning, effect and purport of the contents...........
Will -- Rejection for grant of probate - Probate proceeding is not merely inter-partes proceeding but leads to judgment in rem and, therefore, even when no one contests, it does not ipso facto lead to grant of probate - Probate is granted only on proof of Will as also on removal of suspicious circumstances, if there be any, to the final satisfaction of the conscience of..........
Will -- Suspicious circumstances - Exclusion of respondent as party failing to file written statement - Even in a regular civil suit, mere no, filing of written statement by the defendant does not always lead to a judgment in favour of the plaintiff - It is evident that even without filing any written statement, the respondent No.1 is entitled to show that the purported..........
Will -- Suspicious circumstances - Will in question is surrounded by various suspicious circumstances which are material in nature and which have gone unexplained - Appellant while seeking probate has not only failed to remove and clear the suspicious circumstances but has even contributed her own part in lending more weight to each and every suspicious circumstance -..........
