Will -- Onus to prove Will is on propounder of Will and in absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator, as required by law, need be sufficient to discharge onus...........
Will -- Proof - Due execution of Will proved on record - Plaintiff not produced any evidence as to suspicious circumstances nor any explanation given that Will does not bear signatures of testator - Will duly proved...........
Will -- Suspicious circumstances - Presence of beneficiary at the time of execution of Will - Not a suspicious circumstances in the absence of evidence on record which would prove ancillary circumstances influencing the testator...........
Will -- Execution of Will in favour of defendant - Scribe of Will specifically deposed that he scribed the Will as well as cancellation deed which revoked the earlier Will in favour of plaintiff, at the instance of testator - Execution, attestation and recitals of Will duly proved by defendant - Testator was hale and healthy at the time of execution of Will - It is..........
Will -- Proof of - Testator executed registered Will in favour of his two daughters and wife - Will in question was a most natural and genuine document - Specific and strong reasons assigned by testator in disinheriting plaintiffs - Will in question not found to be surrounded by any suspicious circumstances and thus, proved...........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Framing of charge - Deceased died within 7 years of her marriage under suspicious circumstances in connection with dowry demand - Charges framed against accused/husband only u/ss 306, 498-A IPC - No charge framed u/s 304-B IPC - Trial Court committed error in holding that materials warranting..........
Agreement to sell -- Concept of suspicious circumstances - Applicability - Concept of existence of suspicious circumstances as ground to set aside an instrument of disposal of property, is not applicable in case of an agreement to sell - Rather this concept is applicable only qua the instrument of `Will', where the instrument takes effect after death of executant...........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - FIR lodged after delay of 4 days - No explanation given for such delay despite Panchayat held on next day of incident - Evidence available on record is only of interested witnesses that too without any corroboration from medical evidence - No injury found on body of victim - Suspicious circumstances divulged out..........
Will -- Execution - One of attesting witness of Will proved due execution of Will - Testator was hale and hearty at the time of execution of Will - Requirement u/s 63 of Succession Act has been fulfilled and satisfied by propounder of Will - Burden shifts on defendant to prove that Will is not genuine - However, no element is available from evidence of DW - Slight variance..........
Will -- Excluding legal heirs - Owner of the property has a legal right to execute the Will to the exclusion of his/her legal heirs, but there must be some reasons to do so - In the instant case, reason that plaintiff was not rendering any service to the testator is not at all proved - Will, held, is shrouded by suspicious circumstances...........
