Succession Act, 1925, Section 278, 372 -- Letters of administration - Grant of - Will - Daughter-i, law/plaintiff of testator is the sole beneficiary under Will - Attesting witnesses of Will proved due execution of Will, as they signed the Will in the presence of testator - Testator proved to be in sound disposing state of mind at the time of execution of Will - Testator..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Will -- Suspicious circumstances - Recitals in Will appears to more intended to save adoption and settlement deeds, than to bequeath share of testator to legatees - Even, Will does not contain any recitals to the effect that it was read over and explained to her and she affixed her thumb impression after understanding contents of documents - Moreover, Will recites that..........
Will -- Execution - Testator alone real owner of suit property - Wife of testator only ostensible owner - Thus, testator is entitled to Will properties to anyone...........
Will -- Proof of - Execution of Will by testator in favour of his three wives - Evidence of attesting witnesses proved that it is only testator who executed Will out of his own wish and volition in favour of his three wives - Courts below concluded genuineness and validity of Will - All parties under Will confirmed Will by their conduct - Thus, Will is validly executed...........
Will -- Suspicious circumstances - Contradictions in the statement of DW2 and DW3 and other circumstances also there which creates serious doubt - Testator signed the Will in his nick name - Nothing mentioned as to whether Will was registered or not - Even there is contradiction in the statement of DW2 and DW3 as to place of execution of Will - No evidence on record that..........
Will -- Suspicion circumstances - Testator died within 24 hours of execution of Will - It is thus not believable that testator might have foreseen his death so close that he opted to rush at a distance of 30 kms away from his native village that too ignoring the nearby Tehsil to execute the Will - Possibility of manufacturing of Will by propounder by obtaining thumb..........
Will -- Proof - Merely because some witnesses were examined to satisfy the requirement of law, that itself is not sufficient to infer the genuineness of Will, particularly when circumstances clearly pointed out that testator was not in the free mind at relevant time...........
Will -- Proof - Testator had no title to property on the date of execution of Will - Property under Will was already transferred in the name of setlee - Mere revocation of settlement by settler at the instance of beneficiaries at a later time would not divest the right and title of setlee under previous settlement deed - Will held, not valid...........
Will -- Suspicious circumstances - Testator died within short span of period from the date of execution of Will - Further, the hurried manner in which testator was taken to hospital in a car to register the two documents one for cancellation of settlement and another for registration of Will, with the help of third parties, creates serious doubt about the execution of..........
