Will -- Proof - Will not executed in the manner as alleged by witnesses - Contradictions found in the evidence of witnesses - Execution of Will not proved...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be permitted as alleged thumb impression..........
Will -- Execution - Proof - One of attesting witnesses of Will deposed that Will was not read over and explained to testator before getting his signature on it - Due execution of Will not proved as Will contained entirely different recitals - There was no reason for testator to execute Will giving all his agricultural land to one of his son to the exclusion of other son -..........
Will -- Execution - When there is no dispute with respect to signature of testator on Will, question of proof of execution does not arise, excepting that burden is on propounder of Will that suspicious circumstances have to be cleared...........
Will -- Proof of - Execution of Will in favour of defendant by testator is not proved on record, as evidence led by defendant is totally shaky and Will proved to be fabricated one - Will surrounded by suspicious circumstances and defendant failed to dispel said circumstances - On the other hand it is clear from oral and documentary evidence that both the parties were..........
Will -- Proof - Two Wills executed by testator on the same day - One Will executed in favour of widow and other in favour of nephews - Will in favour of widow of testator not proved, as she failed to produce any witnesses to the said Will - Nephews of testator on the other hand proved Will in their favour by examining attesting witnesses and scribe of Will - Due execution..........
Will -- Proof - Neither original Will nor copy thereof produced in evidence by defendants - Mere production of mutation sanctioned on the basis of Will is no ground to establish legal and valid execution of Will - Defendants summoned the record of mutation proceedings - But Will and affidavits were not available in that record and were stated to be missing - Will held, not..........
Will -- Proof - Will duly proved by so, i, law of scribe as scribe died - He identified the signatures of scribe as he was very well acquainted with his signatures - Attesting witnesses deposed that Will was scribed by scribe on the asking of testator and that testator was in his senses and was mentally stable at the time of execution of Will and that testator thumb marked..........
Will -- Unprivileged Will - Execution and proof - Plaintiff who fails to prove Will in its solemn form cannot be granted Probate or Letters of Administration with Will...........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
