Will -- Proof of - Will had been written on the directions of testator as per scribe of Will - Attesting witness of Will stated that Will was signed in his presence during process of registration - No material on record that Will was entered into by exercising undue influence and a state of intoxication so as to render it suspicious - Will proved...........
Agreement to sell -- Validity - Plaintiff discharged his burden by examining attesting witness as well as scribe - However, defendant miserably failed to prove his defence - Plaintiff proved execution of agreement to sell...........
Will -- Attestation - While scribe is not considered an attesting witness unless he signs Will with intention to attest it, his statement still provides important supporting evidence...........
Will -- Due execution - Scribe and one of attesting witness examined - DW1 testified in detail, the manner in which testator had signed Will in his presence after understanding contents thereof and that DW1 had signed Will as witness in presence of testator - Similarly, DW3/scribe of Will proved that he had read over contents of Will to testator and after accepting the..........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Will -- Scribe - Cannot be construed to be an attesting witness as object and purpose by which a Will is attested by a witness is quite distinct from the object and purpose by which a scribe would attest the Will...........
Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Will -- Suspicious circumstance - Scribe of Will categorically stated that instructions for scribing it were given by some other woman and not testatrix - Whereas, PW1 stated that it was testatrix herself who had given such instructions - Neither of attesting witness of Will examined before trial Court in compliance of S.68 of Evidence Act - Will held, not proved...........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
