Will -- Letters of administration - Plaintiffs have failed to prove the validity of Will in accordance with law - Will did not come into existence at the instance of testator but is a concocted document and has been got up after death of testator - Will is not registered, as testator was suffering from a paralytic stroke - Genuineness of Will remains in doubt - No Letters..........
Will -- Proof - Thumb impression of testator was not matched - Contradictions in evidences of attesting witnesses as regards place of execution - Requirement of S.63 Succession Act must be reliable and same cannot be said to be fulfilled when there is mechanical compliance of stipulations therein - Will, held, not duly proved...........
Will -- Revocation - Agreement entered into in between two beneficiaries - Question as to whether such agreement amount to revocation of Will - In this agreement only two beneficiaries are shown as parties to the agreement and they are described as party No.1 and 2 - Thumb impression of testator appears in the left margin on the third page - Not a case of appellant or any..........
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..........
Will -- Genuineness of Will is a matter to be adjudicated between persons who are litigating under testator and it will not be a ground of attack available to defendant who had set up a different claim over property...........
Will -- Change of Will by testator - Testator during his lifetime, cannot be legally faulted for changing his Will...........
Will -- Suspicious circumstance - Registration of Will after death of testator - Though registration of Will after death of testator has some relevance for doubting execution of Will - But action on part of concerned Sub-Registrar who registered Will after death of testator is an act done by official, for which beneficiary of Will cannot be blamed - Will not surrounded by..........
Will -- Exclusion of natural son - There is clear averment in Will that grandson is maintaining testator since his son/plaintiff left him to reside with his father-in-law - It is thus, natural for testator to exclude his own son from getting any share in self acquired properties and there is nothing wrong in bequeathing entire properties to his grandson who maintained..........
Will -- Due execution - Will executed in favour of grandson/defendant - Defendant examined both the attesting witnesses - Attesting witnesses categorically stated that testator executed Will in their presence and testator put his thumb impression on Will and at that time testator was in sound state of mind - Will in question is registered - There is specific averment of..........
