Will -- Suspicious circumstances - Will in favour of one son - Testator was under care and maintenance of plaintiff - Other legal heirs were well settled - Moreso, earlier all these legal heirs filed their separate affidavits expressing no objection for grant of letters of administration in favour of plaintiff - Merely because they were excluded, is no ground to suspect..........
Will -- Suspicious circumstances - Delay of 25 years in coming to the Court - Evidence of one of the attesting witnesses proved execution and attestation - Execution and registration took place on same day and testator had signed in the presence of attesting witness in sound state of mind - Delay in coming to Court with a valid Will is not a ground to entertain a doubt..........
Will -- Suspicious circumstances - Testamentary capacity of testatrix - Signature of testatrix obtained in hurried manner by putting `x' marks on document - Signature of testatrix found in space meant for signature of attesting witness, on last page of Will - Medical report indicates that at the time of execution of Will, testatrix was suffering from depression and other..........
Will -- Suspicious circumstances - Testatrix executed Will in favour of her nephew/defendant to the exclusion of other nephew (husband of plaintiff) - Testatrix and her husband looked after by defendant for the last 10-20 years and that's why testatrix executed her last and final Will in favour of defendant - Neither plaintiff nor husband of plaintiff looked after or..........
Evidence Act, 1872, Section 45 -- Expert opinion - Family settlement - Expert evidence adduced by the plaintiff cannot be of much consequence to establish the due execution of the family settlement and to explain the suspicious circumstances surrounding it as expert evidence cannot substantiate the execution of the document...........
Evidence Act, 1872, Section 17 -- Admission - Family settlement - In the instant case, defendant initially in his part cross-examination has stated that the signatures on the family settlement looks like his signatures, but at the same time he also added that these are not his signatures - Hence, there is no admission on the part of the defendant that the family settlement..........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 306 -- Non-framing of charge u/s 306 IPC - Deceased died due to poisoning in suspicious circumstances - Several ante mortem injuries found on the body of deceased - Charges were framed only u/ss 304-B, 498-A IPC - Neither charge was framed u/s 306 IPC nor it was apprised to accused - It is thus a..........
Agreement to sell -- Specific performance - Serious civil and criminal disputes were pending between parties in respect of family properties including suit property - Even the agreement to sell surrounded with suspicious circumstances - Invocation of S.20 of the Specific Relief Act in such circumstances, would give plaintiff an unfair advantage over defendants - Plaintiff..........
Will -- Suspicious circumstances - Burden lies on propounder of Will to remove/explain all suspicious circumstances afflicting a Will and prove its authenticity...........
Will -- Suspicious circumstances - (i) Testator and propounder of Will no doubt are brothers but were engaged in long drawn litigations; (ii) Attesting witnesses of Will did not categorically stated that they had seen the testator sign the Will or seen each other attest it; (iii) Testator had two living sons, his natural heirs with whom he had no recorded disagreement..........
