Will -- Suspicious circumstances - Beneficiary of Will participated in creation of Will - His son also participated in creation of Will - Independent witness DW3/attesting witness had admitted that Will was already typed when he had gone to put his signatures - Will in question is surrounded by suspicious circumstances...........
Will -- Suspicious circumstances - Non-examination of doctor - In absence of examination of doctor, it cannot be said that executant is not proved to be mentally alert at time when alleged Will and general power of attorney was executed and registered...........
Will -- Suspicious circumstances - Merely because executant was admitted in hospital and had come from hospital to execute and get register the Will would not be sufficient to hold that registered Will is surrounded by suspicious circumstances and, therefore, liable to be ignored, particularly, when the Will has been executed bequeathing property in favour of his three..........
Will -- Suspicious circumstances - Execution and registration of Will and general power of attorney on the same day does not give rise to any suspicious circumstances sufficient to ignore a registered Will...........
Will -- Suspicious circumstances - Once photograph of two attesting witness has been printed, absence of photograph of third attesting witness cannot be viewed with suspicion, particularly, when normally Will is attested by two witnesses...........
Will -- Suspicious circumstances - Execution and registration of gift deeds through attorney cannot be viewed with suspicion, once executant had authorized his son to act on his behalf...........
Will -- Suspicious circumstances - It would not be appropriate for Court to assume that merely because son of executant was present at time of execution and registration of the Will, executant cannot exercise his free will and volition...........
Will -- Suspicious circumstances - Point of time when Will executed - Time computed, as stated, comes to somewhere 1992-93 - However, Will in question executed in 1983 - It casts a serious doubt...........
Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
Will -- Suspicious circumstance - One of attesting witnesses/PW2 of Will did not turn up to face his cross-examination, as a result his statement rightly discarded - PW7, other attesting witness also could not face test of his cross-examination successfully - Witness instead of dispelling suspicious circumstances in his cross-examination created suspicion over Will by..........
