Will -- Execution - Proof - Both the attesting witnesses stated that Will was prepared by its scribe by taking down dictation of testator - Will, held, not validly executed as (i) testator was 70 years old illiterate woman and it is extremely doubtful that she was capable of collecting her thoughts cogently enough for her to dictate the contents of the Will to facilitate..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Based on promissory note - Legal notice issued to drawer upon failure to repay money - Drawer denied execution by stating that he was working elsewhere and has no sufficient means - Attestor and scribe confirm execution of promissory note and passing of consideration - No reply was given by drawer..........
Will -- Execution - Suspicious circumstances - Burden of proof - Once execution and attestation is proved as per law, burden shifts to other side to prove suspicious circumstances...........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Defendant set up a Will in written statement - Will sought to be challenged by way of amendment and impleadment of beneficiaries of said Will - Plaintiff learnt about execution of Will only after filing of written statement - Amendment is essential rather..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Agreement to sell - Non execution of sale deed - Entire sale amount of Rs.50,00,000/- received - Thereafter, vendor left their place of residence without leaving their addresses and shut off their mobiles - It was with clear intention so that complainant may not..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Relevancy of document - Court to form its opinion on the relevancy of document at the time of final judgment of the case...........
Will -- Execution - Genuineness of document - Factum that execution and attestation is proved as per requirement of law, that itself cannot be a ground to infer genuineness of Will, especially when doubt is inherent in transaction itself...........
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 -- Proof of - Testator was literate person - Contents of Will were dictated by testator - Same was also read over to executant before he signed the Will - Attesting witnesses of Will proved due execution of Will - Defendants discharged onus of proving Will as required u/s 68 of Evidence Act - Thus, Will stands proved...........
