Will -- Execution - Attesting witnesses simply stated that testatrix having signed the Will and they having placed their respective thumb impression/signature but have not specifically stated about these things happened in each other's presence - PW3, attesting witness of Will failed to state anything about testatrix's disposing state of mind - PW4, other attesting..........
Will -- Due execution - Will in favour of plaintiff is valid in view of following reasons: (i) all sons of testator provided their respective shares under a registered partition deed and testator in fact had given a police complaint against his own sons; (ii) Will was a registered Will of 1992 and after execution of which testator lived for four years: (iii) plaintiff..........
Evidence Act, 1872, Section 69 -- Proof of document when no attesting witness is found - Both the requirements for applicability of the provision of S.69 of the Act, are mandatory, viz. Firstly identification of the signatures of one of the attesting witness, secondly the signatures of the person executing the document is in his handwriting...........
Will -- Proof - Original Will on record but exhibit marked on photocopy thereof - Original Will thumb marked by testator and signed by both the attesting witnesses - Both the attesting witnesses stated that Will was typed on the instructions of testator and thereafter testator thumb marked the Will and thereafter attesting witnesses signed in the presence of testator as..........
Will -- Suspicious circumstance - Merely because Will was produced by attesting witness after seven years of death of testator does not give rise to any suspicion...........
Will -- Proof of - Merely because scribe did not ask for identity of testator, it cannot be held that execution of Will by testator was not proved - Will has to be proved by attesting witnesses and not by scribe...........
Agreement to sell -- Proof - Agreement to sell proved by plaintiff and an attesting witness - Mere non-examination of stamp vendor and deed writer has not resulted in failure to prove agreement...........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Will -- Attestation - Will executed in favour of son which was attested by two witnesses and one of them had died - Evidence of other attesting witness PW2 was disbelieved by trial Court - PW2 stated that beneficiary of testator being only son of testator was unaware of Will during lifetime of testator - However, it is improbable that only son of testator who is..........
Will -- Proof - Thumb impression of testator was not matched - Contradictions in evidences of attesting witnesses as regards place of execution - Requirement of S.63 Succession Act must be reliable and same cannot be said to be fulfilled when there is mechanical compliance of stipulations therein - Will, held, not duly proved...........
