Succession Act, 1925, Section 272 -- Letters of Administration/probate - Will - Attesting witness of Will/PW2 stated that deceased was a friend of his father and he executed Will in his presence - He also recognized the signature of testator - Testator proved to be healthy and in normal condition at the time of execution of Will - Will executed in favour of petitioner..........
Will -- Suspicious circumstance - Acquittal and discharge in criminal case is meaningless in considering Will, but it gave suspicious circumstance as no explanation has come forward qua medical record of ill health of testator for which he was alleged to have been taken for hospital...........
Will -- Proof - None of attesting witnesses was available for examination in Court - Certified copy of Will does not bear signature/thumb impression of testator or attesting witnesses - Plaintiff examined the witnesses to prove signatures of attesting witnesses on entry made in register of Scribe of Will - However, plaintiff did not examine a witness to prove that..........
Will -- Proof - One attesting witness examined to prove Will - Attesting witness examined failed to prove due execution of Will as he did not state (i) he and other attesting witness had seen the testator signing or putting his mark on the Will and (ii) he and the other witness have signed the Will as witnesses in the presence of testator...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45 -- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents..........
Will -- Proof of - Defendant alleges Will in his favour executed by his father - One of attesting witness of Will, DW3 failed to prove the execution of Will, as he did not state anything about fact that Will was executed in his presence and that it was read over to executant, that executant accepted its contents in his presence and that executant signed the Will in..........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Will -- Attestation - Testator and attesting witnesses present at one place at the same time - Not necessary that testator must sign before attesting witnesses put their thumb impressions/signatures for validity of Will...........
Will -- Life estate - Testator can regulate bequest even after death of first beneficiary, however, life estate cannot be inferred only on the ground that testator has regulated bequest after the death of first beneficiary - Life interest or limited estate can only be inferred in favour of first beneficiary by explicitly using the word `specifically'...........
Will -- Execution - First page of Will not signed by testator or attesting witnesses - One of attesting witness did not acknowledge that he had appended signatures or signed on direction/dictation of testator, which is one of requirements as per S.63(c) of Succession Act - Will rightly discarded...........
