Will -- Suspicious circumstance - Testator died within 15 days of execution of Will - He was bed ridden for a period of 10 months prior to his death - Testator himself stated in the Will that he was sick and getting weak even then he is stated to have written the Will himself which is not believable - No medical evidence on record to prove that testator was in a sound and..........
Will -- Suspicious circumstance - No evidence on record as to whom testator gave instructions to, to write Will - Scribe has also not been examined - It is also not known as to whether assistance of an advocate or any other trustworthy person was taken by testator in order to make testament and bequeath the property to only son of testator - Will held, not reliable...........
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 -- Suspicious circumstance - Signatures of testator on documents on record totally dissimilar to signatures on Will - This fact raises a suspicion in the mind of Court as to whether signature on Will was really that of testator - Will held, surrounded by suspicious circumstance...........
Will -- Letters of administration - Plaintiffs have failed to prove the validity of Will in accordance with law - Will did not come into existence at the instance of testator but is a concocted document and has been got up after death of testator - Will is not registered, as testator was suffering from a paralytic stroke - Genuineness of Will remains in doubt - No Letters..........
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...........
Will -- Revocation - Agreement entered into in between two beneficiaries - Question as to whether such agreement amount to revocation of Will - In this agreement only two beneficiaries are shown as parties to the agreement and they are described as party No.1 and 2 - Thumb impression of testator appears in the left margin on the third page - Not a case of appellant or any..........
Will -- Suspicious circumstance - Beneficiary of Will present at the time of execution and registration of Will - It is inappropriate to doubt correctness of registered Will, particularly when there is no evidence that beneficiary was in a position to influence the wish of testator...........
Will -- Suspicious circumstance - Both the attesting witnesses are the same witnesses as in previous Will - Does not make the Will doubtful, as both the Courts below found that in any village only a few persons are trustworthy confidants for role of testator to be attesting witnesses especially when document like Will is to be executed - No interference warranted in..........
Will -- Genuineness of Will is a matter to be adjudicated between persons who are litigating under testator and it will not be a ground of attack available to defendant who had set up a different claim over property...........
