Will -- Suspicious circumstances - Property was allotted in favour of plaintiff and maintenance right was given in favour of testatrix - Testatrix was not having any absolute right to convey any document in favour of defendant - She was unable to hear and see and the same is admitted by DW2, who drafted the Will as well as GPA - Will rightly discarded being surrounded..........
Will -- Suspicious circumstances - First Appellate Court of its own observations cannot entertain suspicious circumstances allegedly surrounding Will...........
Will -- Suspicious circumstances - First Appellate Court did not provide an opportunity to appellant to explain suspicious circumstances surrounding Will - Propounder of Will was successful in proving execution of Will - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of..........
Will -- Suspicious circumstances - Contestant opposing Will has to raise surrounding suspicious circumstances specifically and not vaguely or in a general manner...........
Will -- Suspicious circumstances - Should be specific and not vague or in a general manner - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of suspicious circumstances...........
Evidence Act, 1872, Section 102 -- Onus to prove - Will - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of Will on proof of testamentary capacity and signature of testator as required by law, is sufficient to discharge the onus - Where, however there are suspicious circumstances, onus would be on the..........
Will -- Suspicious circumstance - What circumstances would be regarded as suspicious cannot be precisely defined or exhaustively enumerated - That inevitably would be a question of fact in each case...........
Will -- Suspicious circumstances - Execution of Will in favour of sons to the exclusion of daughters - Plaintiffs contended that testatrix was not competent to execute Will as she was bed ridden for 15 years prior to her death - However no evidence let alone any medical evidence has been led by plaintiffs in this regard - Reasons were duly given in Will by testatrix for..........
Succession Act, 1925, Section 276 -- Probate - Will - In a proceeding for grant of probate, more so when it is contested, Court is required to decide as to whether testator had physical and mental capacity and soundness of mind to execute Will in question - Will must be attested by two independent witnesses and there must be no suspicious circumstances surrounding..........
Succession Act, 1925, Section 276 -- Probate - Will - Execution of Will has been duly proved by two independent witnesses who are scribe and attesting witnesses - Respondents have not even suggested any suspicious circumstances in execution of Will - Ingredients of S.276 of the Act fulfilled - Probate granted...........
