Will -- Proof of - Merely because scribe did not ask for identity of testator, it cannot be held that execution of Will by testator was not proved - Will has to be proved by attesting witnesses and not by scribe...........
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...........
Hindu Succession Act, 1956, Section 14(2) -- Property of female Hindu - Will - Limited estate conferred upon second wife by testator through Will with son inheriting complete estate after her lifetime - Provision of S.14(2) of the Act would come into play - Second wife thus, only had a life interest in her favour, which would not convert into absolute ownership - Sale..........
Succession Act, 1925, Section 2(f), 273, 283 -- Probate - Will - Question of title of testator is kept out of purview of probate Court...........
Succession Act, 1925, Section 2(f), 273, 283 -- Probate - Will - Probate Court is not expected to conduct inquiry, whether testator is having legal right to bequeath the property by Will or not that is to say whether he is exclusive owner, co-owner or joint owner or holding the property in any other capacity...........
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...........
