Will -- Attestation - S.63(c) of Succession Act require an acknowledgement of execution by testator followed by attestation of Will in his presence - Acknowledgement may assume the form of express words or conduct or both, provided they unequivocally prove an acknowledgement on part of testator. (Succession Act, 1925, S.63(c)...........
Will -- Attestation - Both the attesting witnesses deposed that testator came to them individually with his own signed Will, read it out to them after which they attested the Will - Will was duly registered and attesting witnesses signed simultaneously in presence of Sub-Registrar after testator had signed - Will held, duly executed and proved on record. (Succession Act,..........
Will -- A document of two sheets - Both the sheets must bear thumb impression of the testator...........
Will -- Proof of - Will in question is a document of two sheets and both these sheets must bear thumb impression of testator - However, attesting witnesses of Will do not depose that testator affixed his thumb marks on both the sheets - Testimony of one of attesting witness of Will reveals that neither he had seen testator signing or affixing thumb impression on Will nor..........
Will -- Suspicious circumstance - Testator admitted in hospital on the same day of execution of Will - No evidence on record that testator was suffering from any serious ailment and was not in a sound disposing mind - Will registered after five days - Testator appeared before Sub Registrar and disclosed that Will was voluntarily executed - Sub Registrar would not have..........
Succession Act, 1925, Section 222, 63, Evidence Act, 1872, Section 68 -- Will - Probate - Will in question attested by two witnesses - One of attesting witnesses of Will identified and proved signature of other attesting witness - Attesting witness also identified his signature in his declaration appearing at page 10 of Probate petition - Testator was proved to be..........
Will -- Suspicious circumstances - Non registration of Will - Earlier testator opted to register all the Wills executed by him and even the cancellations - No satisfactory explanation offered for non registration of Will - Will executed at the office of document writer at a distant place - There is failure to dispel the suspicious circumstance attached to its execution...........
Will -- Proof of - Attesting witness of Will DW1 stated that he does not know date, month and year of execution of Will and he was not informed in advance about the execution of Will - DW1 Appears to be stock witness - He has not named other attesting witness and he does not deposed that testator had witnessed his attestation as well as attestation of other attestor -..........
Will -- Genuineness - Merely because testator executed Will in favour of neighbour, genuineness of Will cannot be doubted...........
Will -- Executed in favour of neighbour - Widow of deceased testator is an old lady and entire agricultural property as well as house is bequeathed in favour of neighbour - In this old age it is difficult for widow to maintain herself - Defendant directed to pay Rs.7,500 p.m for maintenance to widow of testator, out of income which he would derive out of agricultural..........
