Will -- Proof - Unregistered Will - Testator died after more than 1 year of execution of Will, but no effort was made to get the same registered - For 17 years after death of testator Will never saw the light of the day - Neither scribe nor attesting witness of Will was examined except PW1 who is headman of village - Testator was 80 years of age at the time of execution of..........
Will -- Proof of - Testator executed Will in favour of defendant Nos. 1 and 2 to the exclusion of his wife - Attesting witnesses of Will and scribe categorically deposed about signature of testator being affixed and their signature on the Will - Suspicious circumstances as contended by plaintiff/wife has been dispelled by defendants, as relationship between testator and..........
Will -- Suspicious circumstances - Execution of Will in favour of mother to the exclusion of wife - Scribe of Will stated that testator never talked to him about execution of Will - Attesting witnesses of Will related to mother - None of two witnesses were acquaintances of testator - Other suspicious circumstances were non-registration of Will and depriving the wife of..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Agreement to sell -- Specific performance - Deed writer who allegedly scribed the agreement to sell admitted that though he maintained a register, however, there was no entry made regarding scribing of the agreement to sell - Original agreement to sell also did not bear any signature/seal of the scribe which could show that he scribed the said agreement to sell -..........
Will -- Proof of - Mere fact that scribe of Will was not produced/examined, Will cannot be discarded particularly when Will is proved in accordance with law...........
Will -- Suspicious circumstances - Exclusion of natural heir - Will in question was proved by its scribe and attesting witnesses - No medical record produced to reach a conclusion that testator was not in sound mental and physical health when Will was executed - Defendants are not strangers but nephew of testator - Merely because defendants have been given suit property..........
Will -- Genuineness of Will - Scribe and one of the witnesses were unison - Testator was conscious of the fact that he had a wife and a minor child whose interest had been take care of by leaving part of the property for them - No error committed by High Court in holding that Will was not surrounded by suspicious circumstances...........
Will -- Proof of - Registered Will was executed in favour of one daughter/defendant - Will was proved by one of attesting witnesses of Will - Scribe of Will also deposed as DW9 - Wife of testator deposed that had other daughter and her children taken care of them then they would have given 1/2 share of suit property to them as well - Will in favour of one daughter of..........
