Will -- Suspicious circumstance - Impersonation of testatrix at the time of registration of Will - Even if it were to be assumed that registration was suspect, same would not retrospectively vitiate the execution of Will itself, in view of Wills not being compulsorily registrable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Will -- Execution - Witnesses have identified their signatures on Wills only being scribes and not one of the attesting witnesses - Statutory requirement of Will have been attested by two witnesses has not been fulfilled...........
Will -- Suspicious circumstances - Plaintiff stated that Wills were executed on stamp papers, however, Wills on record have been executed on plain papers - Defendants have taken a plea that their thumb impressions were obtained on some blank papers on the pretext of using these thumb impressions in civil case - Both the testators were illiterates is duly corroborated by..........
Will -- Mutual Will - Mutual Wills are separate Wills executed by two persons in a reciprocal manner, where two testators confer upon each other reciprocal benefits - Therefore, when the legatees are not the testators, then said Will cannot be a mutual Will...........
Succession Act, 1925, Section 232 -- Letters of administration - Two Wills - Single application for grant of Letters of administration with two Wills annexed executed by two testators respectively not maintainable in view of provisions of Succession Act...........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will cannot be proved only on the basis of its age - Presumption u/s 90 of the Act, is inapplicable when it comes to proof of Wills, which have to be proved in terms of S.63(c) of Succession Act and S.68 of Evidence Act...........
Will -- Execution of two Wills on the same day - One Will executed relating to lease hold rights of property situated in one village and the second Will executed of which the testator is the owner of property situated in another village - Merely because the testator executed two Wills on the same day would not be sufficient to discard the Will which is signed not only by..........
Will -- Execution of two Wills on the same day - One Will executed relating to lease hold rights of property situated in one village and the second Will executed of which the testator is the owner of property situated in another village - In the Will relating to lease hold rights it is mentioned that this is first and last Will of testator - It is with regard to leasehold..........
Will -- Suspicious circumstance - Delay in seeking probate of Wills - Occasion for appellants to seek probate of Will arose only when respondents filed suit for partition, therefore there was actually no delay on the part of appellants in seeking probate - Order granting probate restored...........
