Will -- Proof of - Registered Will in favour of plaintiff was duly proved in accordance with S.68 of Evidence Act as the marginal witness thereto, was produced and examined - Thumb impression of testatrix on the Will is proved on the basis of report of expert - There is no necessity to execute a Will in favour of defendant as he would be testatrix's heir in the normal..........
Will -- Suspicious circumstances - Material contradiction between statements of attesting witnesses in respect of time of execution, ink, pen and paper used for Will and who had called the witnesses - Various questions put to these witnesses were not replied - No evidence that petitioner ever rendered any service to testatrix during her life time - One of attesting..........
Will -- Suspicious circumstances - (i) Marginal witnesses seriously contradicted themselves about the date of death of testator as well as execution of Will; (ii) Will not registered inspite of fact that facility was very much available because house of deceased was situated near the office of Sub Registrar; (iii) no reason, whatsoever given to deprive the defendants from..........
Will -- Suspicious circumstances - Testator knew how to sign and read newspaper - Will in question bears thumb impression - He died within 8 days of execution of Will in house of one of the beneficiary - No share was given to daughter - No mention of wife of testator in Will - Held, all such circumstances create a suspicion that Will is not a genuine and valid document -..........
Will -- Suspicious circumstances - According to attesting witnesses testatrix herself had read Will before signing - However, as per endorsement in the Will, Will was read over and explained to the testatrix and she admitted that contents were same as she had willed - This is a material contradiction which creates a serious doubt on the authenticity of Will - Will was..........
Evidence Act, 1872, Section 112, Hindu Adoptions And Maintenance Act, 1956, Section 11, Will -- Proof of - Suspicious circumstances - Attester and scribe of will does not say that will was drafted to the dictation and information of executor - As per their evidence executor having understood the contents affixed his thumb impression - Deceased was suffering from asthma -..........
Will -- Suspicious circumstances - Will cannot be discarded merely on the ground that it has been thumb marked and not signed by the testator as testator had affixed his thumb impression even on the earlier Will though testator had signed on certain documents which reveal that he was a semi literate person and signatures were affected not in a fluent manner but in a..........
Will -- Suspicious circumstances - Following are the suspicious circumstance : (i) Scribe of will could not identify executant - He could not rule out the possibility that in place of executant some other person might have thumb marked the will - Scribe further admitted that he did not write the name on thumb impression allegedly that of executant - Scribe further admitted..........
Will -- Proof - Thumb marked by executant - Thumb mark different with the thumb mark which was earlier affixed on loan application and attested by Tehsildar in exercise of his official duties - Held, it is a suspicious circumstances disproving the execution of Will - Attestation of thumb impression by Tehsildar in his official capacity give rise to presumption that the..........
Will -- Suspicious circumstances - Will in favour of complete stranger - No evidence how stranger came close to testatrix - Original will not produced - No effort made to compare the thumb impression appearing on the Xerox Copy with the thumb impression appearing on other admitted documents - Will, held, not duly proved...........
