Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Will -- Suspicious circumstance - Exclusion of younger daughter and only son from bequest - Son excluded from bequest because he is irresponsible - Moreover, he remained ex parte - As regarding daughter/plaintiff there is love lost relationship between plaintiff and her parents - Plaintiff along with her husband demanding properties from testator - Both testator and his..........
Will -- Proof of - Testator died after 15 months of execution of Will - Except a suggestion that testator was unconscious at the relevant time when Will was executed, there is no evidence available before Court - Will held, to be genuine...........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Will -- Suspicious circumstance - Exclusion of unmarried daughter in bequest - Testator specifically got recorded in Will that it is responsibility of both the sons/beneficiaries to marry off his daughter - Undisputedly, both the sons fulfilled wish of testator and married off their sister - Moreover, testament was doubted by daughter for first time after period of 20..........
Will -- Execution - Will executed 16 days prior to death of testator - Will cannot be discarded merely for this reason in the absence of evidence that Will was forged...........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Will -- Execution - Suspicious circumstances - Defendant `J' deposed that in lieu of services rendered by him to testator he executed the Will - However said `J' was in Army from the year 1960-1979 whereas Will was executed in the year 1970 - It is highly improbable that `J' had an opportunity to render any service to testator - Apart from `J' none of his family members..........
Will -- Suspicious circumstances - Mere fact that no provision was made in the Will for the widow and unmarried daughters of testator and property was bequeathed solely to his son, cannot be held to be a circumstance vitiating the Will...........
Will -- Interpretation of terms of Will - Specific bequests made (except schedule A) by testator in favour of his children including son of pre-deceased son of testator and his wife - However, testator not bequeathed property falling under Schedule-A in favour of said persons, as testator intended to keep schedule-A property in common reserving with his wife right to take..........
