Will -- Suspicious circumstance - Claim of plaintiff of looking after testator - However, it has come on record that testator lived in a village which is 7-8 kilometers away from the village of plaintiff - It is a suspicious circumstance...........
Will -- Proof of - DW2 stated that he had written the Will on which testator had affixed his thumb impression - However, he is silent about signing of Will by attesting witnesses - Evidence of DW2 thus, can be read only to extent that he is scribe of Will...........
Will -- Proof of - Evidence of scribe of Will cannot be equated with that of attesting witness, particularly when he has not stated that Will was executed on dictations of testator and Will was ever read over to testator before he put his thumb impression...........
Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
Will -- Suspicious circumstance - Testator bequeathing Will in favour of his brother/plaintiff, sister and mother to the exclusion of his children - Depriving children of their legitimate right qua entire property of their deceased father/testator vide Will in favour of plaintiff is extra ordinary circumstance - No explanation given for the same, except pleading that..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Will -- Suspicious circumstance - Attesting witnesses not from the village of testator - Not a suspicious circumstance - Testator would definitely choose a person upon whom he could trust and place confidence...........
Will -- Suspicious circumstance - Mere participation of beneficiary or his relation in execution of Will - Not a suspicious circumstance as beneficiary not put any suggestion about any undue pressure, influence having been put by him on the testator for executing the Will - Testator was neither incapacitated nor infirmed either in body or in mind because of which, he could..........
Will -- Suspicious circumstance - Contradiction in the statement of a witness regarding the mode of arrival of testator and beneficiary in Tehsil office - Statement recorded after 14 years after execution of Will - Held, minor discrepancies can occur, which are not of the nature to discredit the valid execution of Will and to put it under cloud of suspicious circumstances...........
Will -- Attestation - Where a testator asks a person to attest his Will, it is a reasonable inference that he was admitting that Will was executed by him - There is no express prescription in the statue that testator must necessarily sign the Will in presence of attesting witnesses only or that two attesting witnesses must put their signatures on the Will simultaneously at..........
